‘Prove gay sex is injurious to health’ | delhi | Hindustan Times
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‘Prove gay sex is injurious to health’

delhi Updated: Nov 07, 2008 00:46 IST
Harish V Nair
AIDS

Those opposing decriminalsation of homosexual acts have so far forwarded arguments ranging from morality to it being against the order of nature and spread of AIDS.

Now hear the latest — “the act itself results in grievous injuries and must not be encouraged”.

This argument was advanced by BP Singhal, a former BJP MP and VHP leader who is an intervenor in the case.

“Each part of the body has a certain use and if it is put to some other use serious injury is certain and this is happening. If an act is unlawful it cannot be rendered legitimate because the person to whose detriment he acts cannot consent to it. No person can license another to commit a crime,” Singhal’s lawyer HP Sharma told the court.

But a bench of Chief Justice AP Shah and Justice S Muralidhar was least convinced.

Justice Shah asked Sharma: “Now you say the act itself can cause injury. We wish to know what is the material you are relying on to substantiate your claim? Even the World Health Organisation does not say so.”

“Ban on gay sex has been lifted in many countries and in many countries too the mater is being contested but this sort of argument has not come up anywhere. If what you are saying is true, this argument would have been on the forefront and very valid,” the Chief Justice said to which Sharma had no convincing reply.

Sharma further contended that gay sex should not be allowed in the country — consent or no consent.

“Consent is irrelevant in such cases, otherwise on the same ground it could be contended that prostitution, smoking, gambling, giving and taking dowry, incest marriage also be legalised if there is a consent among the concerned parties,” Sharma said adding that the entire legal system has to be changed if gay sex is decriminalised in the country.

He alleged that gay sex would spread HIV virus as homosexuals indulge in group sex and they do not stick to one partner.

"If it (gay sex) is legalised it would create a law and order problem in the country. Even after it being legalised they (gays) would continue to face a social stigma as it is against our culture," he said.