The Home Ministry of India dealt a devastating blow to the gay rights movement earlier today. P.P. Malhotra, Additional Solicitor General (ASG) and lead counsel for the ministry, declared that they were not going to overturn IPC 377:
"Obviously, we will take a stand against the scrapping of Section 377 IPC that classifies sex between two men as a criminal offence. We object to their plea."The discrepancy between Health Minister Ramadoss' progressive politics and the Home Ministry's regressive attitude is unsettling at best. Although the petition of the Naz Foundation does not have the complete support of the state, the final decision is still in the hands of the Delhi High Court.
Fortunately the bench has some clear problems with the state's anti-IPC 377 arguments.
"To Malhotra's argument that Section 377 is required to contain spread of HIV virus, the bench said: 'Why don't you ban sexual intercourse (involving HIV infected person) if you want to contain the spread of HIV?'"We hope the judges continue their non partial investigation of this case and we are waiting anxiously for their final verdict.
Centre against scrapping of law outlawing homosexuality
Gay ban: Court makes moralist government squirm