*Delhi High Court decriminilises homosexuality* NEW DELHI: In a historic judgement, the Delhi High Court Thursday decriminalised homosexuality by striking down section 377 of the Indian Penal Code (IPC).
A bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law. Section 377, a law from the British Raj era, says homosexuality and "unnatural sex" is a criminal act. The Delhi High Court gave its verdict on the much- debated petition by gay right activists seeking de-criminalization of homosexual relations among consenting adults. The verdict is the first to be delivered by an Indian court on a 19th century law that treats homosexual activity as a criminal offence. Since the 1980s, courts in countries such as Britain, Australia, South Africa and the US have struck down similar laws that made same-sex activity a crime. The petitioners, including voluntary organization Naz Foundation, pleaded that the criminal provision against homosexual behaviour should be scrapped for consenting adults who indulge in such acts in private. The petition said that Section 377 of the Indian Penal Code (IPC) is violative of their fundamental right. Section 377 of the IPC says an individual who "voluntarily has carnal intercourse against the order of nature with any man, woman or animal" shall be imprisoned for life or for a term exceeding 10 years and be liable to pay a fine. During the course of the proceedings, the health ministry and the home ministry, respondents to the petition, were divided in their opinion, with the health ministry's affidavit supporting the petitioners and the home ministry opposing decriminalization of same-sex activity saying such behaviour was immoral and could not be allowed in Indian society. Thanks & Regads, ------------------------------------------ LAKSHMI.P.M
