YUGYAG: Moily signals rethink on anti-gay law

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New Delhi: Even as the Delhi High Court is close to giving its verdict on a 19th century colonial law that treats homosexual activity as a crime, here’s a shot in the arm for gay
rights. In an interview to a television channel on Thursday, law minister Veerappa Moily indicated that the government may do a rethink on the controversial Section 377 of IPC
that criminalizes private consensual sex between adults of the same sex.

Moily admitted that some sections of the IPC are outdated and Section 377 may be one of them. TNN
‘Amending Section 377 will curb spread of HIV’

New Delhi: Those part of the LGBT (lesbian, gay, bisexual and transgender) rights movement say a rethink by the government on Section 377 of IPC would be a big step forward. ‘‘It
will be the best thing for the national Aids control programme since efforts to curb the spread of HIV and AIDS will no longer be impeded by the law,’’ said Ashok Row Kavi,
consultant for UNAIDS and UNDP.

Moily’s statement comes at an interesting juncture as the high court has already finished hearing arguments on the petition filed by New Delhi-based non-profit group Naz

Foundation in 2001, seeking a reading down of section 377. While the health ministry had supported the petition, the home and law ministries were against it. If the law ministry
is indeed willing to do a rethink, experts say it has two options. It could submit before the court that it had changed its position and ask for hearings to be reopened.

Times View

This paper has supported the demand to abolish Section 377 of the Indian Penal Code which criminalizes homosexuality and carries a draconian sentence of up to 10 years.
Ironically, this colonial law that we inherited from the British has long been struck from their own law books. Legalities apart, a growing body of medical evidence suggests that
genes influence sexual preference. If that is so, how can homosexuality be considered ‘unnatural’? Regardless of whether it is nature or nurture that determines who is gay and who
is not, we believe it is a question of personal choice. We are happy that law minister Moily has indicated that the government may be willing to rethink the issue.

Source : TImes of India Newspaper dated 12-Jun-09