Indian court insists on scientific evidence for keeping sodomy law

by on October 17, 2008  •  In Criminal law

Earlier this week, India's highest court reacted negatively to the government's argument that the nation's sodomy law should be retained as necessary for the public good.  Interestingly, the national health ministry had taken the opposite position.  [More background in this earlier post.]

Pink News
The Delhi High Court has criticised the Indian central government for using inadequate evidence in its case to retain Section 377. … The Delhi High Court is considering a petition filed by gay rights activists asking for a colonial era law on "unnatural sex" to be overturned.

The [government] is fighting to retain Section 377. Solicitor General PP Malhotra cited an article using pieces of a religious texts as part of the argument to keep the law.

The bench and Justice S Muralidhar asked for more scientific proof to back up the centre's claim that gay sex was harmful to health and to society. Chief Justice AP Shah, who heads a division bench in the case, said: "Show us some scientific report which says that gay sex should be criminalised." …


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