The Naz petition in High Court of Delhi against Section 377 of Indian Penal Code has come a long way. In my brief period with PLD I have been associated with the Voices Against 377 coalition which has been providing logistical and moral strength to this petition and I really wish I could have continued being a part of it throughout the journey of this petition. But I couldn’t because I moved to Bangalore.
The fate of consenting adult homosexual’s right to live a life with dignity in this country now depends upon the chances Central Government has of producing enough scientific data/ reports/ statistics/ empirical research papers etc. to support that de-criminalizing homosexuality would lead to a rise in AIDS patient.
The court have been humane and broadminded enough so far to have shunned arbit unscientific arguments put in by the Government. Almost all arguments by the Center have been rejected and in the last hearing the court said,
“…health is a fundamental right which cannot be denied to any one and the government has to justify criminalisation of gay sex which may pose health hazards to such people. “There is no doubt that they are high risk group, so you have to prove that allowing gay sex among consenting adults would increase the risk of HIV to an extent to criminalise it,”[source]
Court also shunned the Center’s attempt to produce a research paper of religions nature to support their stand. Court was surprised how can a secular Government rely on material of religions nature to support their stand.
This isn’t going to be an easy job for Center simply because it is just impossible to reach to such a conclusion that if homosexuality is decriminalized there would be more AIDS cases. One cannot even connect the two notions logically. The two has got nothing to do with each other.
The next hearing for the is on 6th and 7th November. I would be updating this space as the case progresses.