The Delhi High Court on Wednesday observed that the Centre, in the name of preventing the spread of AIDS by criminalizing gay acts, could well be putting the health of 25 lakh-odd homosexuals in the country in danger.
It asked the government if it realized that fear of law enforcement
agencies cut off homosexuals from intervention under the National AIDS Control Programme. The Centre was reminded that its own Health Ministry had stressed on the issue.
“What is that compelling state interest to continue with such a provision like Section 377 (carrying a punishment of up to life sentence)… such people are suffering from indignity and discrimination in society... in a way, you are telling the general public to isolate these people who are doing things against the order of nature,” the court said.
The government, however, contended these problems could be easily tackled by educating these people and there is no need to scrap the provisions against gay sex. “Demand for legalising such acts is not the answer. People indulging in such acts don’t come forward due to shyness but blame the government,” Additional Solicitor General P.P. Malhotra argued.
Reacting to the Centre’s submission, the bench asked: “Why don’t you educate those people who go to prostitutes to prevent the spread of HIV.”
Malhotra said we couldn’t compare Indian society with American or European societies, which have shown tolerance to such sexual behaviour.