The Centre on Thursday opposed dilution of Section 377 of Indian Penal Code by Delhi high court, which decriminalised homosexual act in private between consenting adults, and urged the Supreme Court to reverse the landmark ruling.
It told the Supreme Court that the high court erred because a vast section of Indian society still considered it to be an immoral act, hence the provision needs to be retained in full to reflect the society’s views. Though the Centre had not appeal against the judgement, the ministry of home affairs came out strongly against dilution of Section 377.
Gay sex “is highly immoral and against the social order,” additional solicitor general P P Malhotra, who is representing the home ministry, told the apex court.
He added that it was “against nature and spreads HIV.”
When the Supreme Court asked who decides what is immoral, the Union government said the society did so and argued that the laws cannot but reflect the views of the society, which in India considers homosexuality as immoral.
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.
The government said the HC had considered 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 Supreme Court is hearing more than a dozen petitions filed to overturn a 2009 ruling by the Delhi high court that made gay sex between consenting adults legal for the first time.
The ban was judged to be unconstitutional in a decision hailed by gay activists as a victory in their fight for equal rights and opportunities in the world’s biggest democracy.
–Agencies