Source: IANS via Hindustan Times, The Hindu
The Delhi High Court on Wednesday criticized government lawyers for using inadequate evidence to oppose decriminalization of gay sex in private among consenting adults.

The court blasted the government for citing an article that contained quotes from religious texts to justify the ban. "This is just one-sided version of a religious body which cannot be relied upon," said a division bench headed by Chief Justice A P Shah. "This is part of religious doctrine. Show us some scientific report which says that gay sex should be criminalized."

In a devastating rebuke to government lawyers, the court said it would rely in its ruling on a report submitted by an agency that recommends repeal of a statute that criminalizes gay sex.

The court was hearing a petition filed by 13 organizations, including Naz Foundation, seeking the court's direction to decriminalize homosexual acts among consenting adults by amending Section 377 of the Indian Penal Code.

The central government had previously argued during the case that repealing Section 377 would allow HIV/AIDS to spread, and that homosexuality is a reflection of a "perverse mind".

The Indian Penal Code terms homosexual acts as an offence under section 377, a colonial-era law that provides for punishment up to life imprisonment.

Additional Solicitor General P P Malhotra, while arguing before a division bench headed by Chief Justice Shah and Justice S Muralidhar, cited a verse of the Bible condemning gay sex, India-Asia News Service (IANS) reports.

"We are not taking it (religious literature)," the bench responded. "We will be going by your report submitted by NACO (National Aids Control Organization). We would rely on that report. You can counter it by some scientific report."

That's devastating news for the government's lawyers who have attempted during the hearing to discredit the report by NACO, an agency that is associated with the health ministry.

In an affidavit submitted to the court, NACO urged repeal of the parts of the section that criminalize private adult sexual behavior.

"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 NACO contended in its affidavit.

"Show us some scientific report which says that gay sex should be criminalized," the bench demanded Wednesday.

The court also asked the government to place before it the reports of the World Health Organization (WHO) on the issue of health hazards arising out of criminalization of gay sex.

Source: Show scientific proof to ban homosexuality: court | Hindustan Times (IANS) 
Religious texts cannot be ground to justify ban on homosex: HC | The Hindu

country_india, section 377