http://timesofindia.indiatimes.com/india/Centre-opposes-decriminalisation-of-homosexuality-in-SC/articleshow/12001626.cms
Centre opposes decriminalisation of homosexuality in SCDhananjay Mahapatra<http://timesofindia.indiatimes.com/toireporter/author-Dhananjay-Mahapatra.cms>, TNN | Feb 23, 2012, 12.13PM IST NEW DELHI: The Centre on Thursday opposed dilution of Section 377<http://timesofindia.indiatimes.com/topic/Section-377> of the Indian Penal Code (IPC) by Delhi high court, which decriminalised sexual acts, in private, between consenting adults and urged the Supreme Court <http://timesofindia.indiatimes.com/topic/Supreme-Court> to reverse the landmark ruling. The UPA government told the Supreme Court that the HC had erred because a vast section of the Indian society still considered homosexuality <http://timesofindia.indiatimes.com/topic/homosexuality> immoral. Gay sex "is highly immoral and against the social order," additional solicitor general PP Malhotra, who is representing the home ministry, told the apex court. He added that it was "against nature and spreads HIV." The ministry said it favoured the ban staying in place in order to prevent child abuse and because Indian society was largely against homosexuality according to a survey by the Law Commission, Malhotra explained. "Laws can't run separately from society and the morals of the time," he said. Hence, it appealed that the provision be retained in full to reflect the society's views. Though the Centre had not appealed against the judgement, the ministry of Home affairs came out strongly against the dilution of Section 377. When the Supreme Court asked who decided what was immoral, the Union government said society did so and argued that the Indian laws could not but reflect the views of its society. The government said the HC considered only judgements of foreign countries where homosexuality may not be resented. "Our moral and social values are different from other countries and we cannot be guided by them,' the home ministry told the court. The Delhi high court<http://timesofindia.indiatimes.com/topic/Delhi-high-court> on July 2, 2009, had delivered a historic judgement to amend a 149-year-old colonial-era law - Section 377 of the IPC - and decriminalise private consensual sex between adults of the same sex. The judgment was seen as the biggest victory yet for gay rights. The two judge bench had held: "If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of 'inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. Those perceived by the majority as "deviants' or 'different' are not on that score excluded or ostracised. Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination. This was the 'spirit behind the Resolution' of which Nehru spoke so passionately. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual."
