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October 15, 2008

India: Gvt.Can't rely on religious texts to criminalize gay sex

NEW DELHI: Testing the government's logic justifying ban on homosexuality, Delhi HC asked it to table evidence that AIDS had spread in countries

where homosexuality has been decriminalised.

Justice A P Shah and Justice S Muralidhar also pulled up the Centre for relying on religious texts to justify the prohibition on consensual sex between adults of same sex. "We won't be first country to decriminalise in case we do. Show us AIDS has spread where homosexuality has been decriminalised. Place some authentic study like one backed by UN," HC said.

The court's remarks came when the additional solicitor general P P Malhotra cited an article condemning gay sex which was religious in nature and in which racial profiling had been done to arrive at conclusions. "We should not accept religious literature instead of scientific report. In a secualar country how can a government rely on a report which says that certain races contribute more to homosexuality?," the bench remarked, adding, "These are not scientific reports. This is a propaganda. Your arguments should be based on scientific reports. Show us scientific reports which justify criminalisation of such acts."

HC: Can't rely on religious texts to criminalize gay sex
Times of India, India 

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