Lawyers for the national government told the Delhi High Court Sept. 8 that gay sex must remain banned in India because of societal disapproval.
‘Indian society by and large disapproves of homosexuality and disapproval was strong enough to justify it being treated as a criminal offence even where the adults indulge in it in private,’ they wrote.
The community-based AIDS organization Naz Foundation sued to overturn Penal Code Section 377 which punishes gay sex, lesbian sex and bestiality with up to life in prison. Naz says the law interferes with its HIV prevention efforts.
But the government argued, ‘Deletion of the said section can well open the flood gates of delinquent behaviour and be construed as providing unbridled licence for the same.’
The government also charged that Naz had no standing to bring the lawsuit because it has not been prosecuted under Section 377. The court will consider the matter further on Dec. 10.