NEW DELHI: Delhi high court has asked the central government to "reconcile" its contradictory response to a PIL on gay rights being heard by HC. On Wednesday, the government is expected to make its stand clear on the issue which arose after HC recently browsed through affidavits filed by the home ministry and National AIDS Control Organization (NACO) — which falls under the health and family welfare ministry — and realized both had taken a divergent stand on decriminalizing of homosexuality. While the MHA has said in its affidavit that it favours retention of the provision, NACO is against it and maintains it is coming in the way of its fight against AIDS. "How would you reconcile the contradictory affidavits? Let the MHA review its position in light of NACO's stand" a bench comprising Justices A K Sikri and J R Midha said after going through the affidavits filed by the two ministries. Counsel appearing for the Centre found herself in a spot when the bench pointed to the contradiction in the views of the ministries. Garg said that for the time being she would represent MHA which is in favour of penal provision against homosexuality. On the other hand, the affidavit filed by NACO was against enforcement of Section 377 of IPC which has the provision of punishment up to life imprisonment for indulging in unnatural sex.
21 May 2008, 0208 hrs IST , TNN
THE TIMES OF INDIA
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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