Petition on homosexuality to be heard on Friday

“It is a part-heard matter and it must be released by the court (which was hearing the case) before we take it up for hearing,” the bench, also comprising Justice S Murlidhar, said while posting the matter to July 4.

In the last hearing on May 22, the Court had sought the assistance of the Attorney General in dealing with the petition seeking an amendment to Section 377 of Indian Penal Code which provides a punishment of up to life imprisonment for indulging in homosexual acts.

The petition filed by NGO Naz Foundation seeks the court’s direction to declare Section 377 of IPC “unconstitutional” as it violated a citizen’s fundamental right and promoted illegal sex.

“Section 377 demeans a gay man. It silences a gay man into accepting the discrimination against him. He will not come out to declare his orientation,” the NGO contended.

“It can be criticised on the basis of moral ground but it is illegal to make homosexual acts between consenting adults an offence,” the petition said.

The Centre in its reply had taken a contradictory stand with Ministry of Home Affairs favouring the retention of the penal provision while the Health Ministry was against the enforcement of Section 377 in cases involving consenting adults.