Religious texts cannot be ground to justify ban on gay sex: HC

New Delhi, Oct 15 (PTI) The Delhi High Court Wednesday pulled up the Centre for relying on religious texts to justify ban on gay sex and asked it to come up with scientific reports to justify it.

The Court's observation came while hearing a Public
Interest Litigation (P.I.L.) filed by gay activists seeking to
decriminalise gay sex among consenting adults.

Additional Solicitor General P.P. Malhotra, appearing
for the Centre, cited an article which contained quotes from
religious texts to justify the ban.

Not satisfied with the government contention, the bench,
also comprising Justice S Muralidhar, asked the government to
show scientific proof that gay sex is harmful to society.

"This is just one-sided version of a religious body
which cannot be relied upon. This is part of religious
doctrine. Show us some scientific report which says that gay
sex should be criminalised," a division bench headed by Chief
Justice A P Shah said.

Earlier, the Centre had justified the criminal provision
against homosexual acts and had said that it is required to
curb the spread of H.I.V. infection.
It had further said that homosexual behaviour is a
reflection of a perverse mind and it could not be allowed in
the society.

The petitioner, Naz Foundation, an N.G.O, had said that
section 377 which criminalises homosexual acts is
unconstitutional and it should be amended to allow gay sex
among consenting adults. PTI AAC
SAK