(New Delhi) The Delhi High Court is expected to rule early next year on the constitutionality of India’s law against sodomy.
The law against homosexual sex dates to the British colonial era. The law, which forbids sexual acts “against the order of nature,” carries punishment of up to 10 years in prison. It is rarely enforced, but activists say it sanctions discrimination.
A case filed by LGBT rights groups and AIDS outreach organizations wrapped up last week with the court reserving judgment.
Solicitor General PP Malhotra, representing the government, told the High Court that the law should not be overturned because homosexuality was a disease which was responsible for the spread of AIDS .
“AIDS is already spreading in the country and if gay sex is legalized then people on the streets would start indulging in such practices saying that the High Court has approved of it,” he told the court.
The remark brought a swift reply from the bench.
“Show us one report which says that it is a disease. A
paper says that it is not a disease but you are describing it as a disease. It is an accepted fact that it is a main vehicle that causes disease but it is not a disease itself,” said Chief Justice AP Shah.
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