Court to rule on gay rights Thursday

The Delhi High Court is likely to rule Thursday on a much- debated petition by gay right activists seeking de-criminalization of homosexual relations among consenting adults.

A bench headed by Chief Justice Ajit Prakash Shah had reserved its verdict Nov 7 last year.

The verdict will be the first to be delivered by an Indian court on a 19th century law that treats homosexual activity as a criminal offence.

Since the 1980s, courts in countries such as Britain, Australia, South Africa and the US have struck down similar laws that made same-sex activity a crime.

The petitioners, including voluntary organisation Naz Foundation, pleaded that the criminal provision against homosexual behaviour should be scrapped for consenting adults who indulge in such acts in private.

The petition said that Section 377 of the Indian Penal Code (IPC) is violative of their fundamental right.

Section 377 of the IPC says an individual who "voluntarily has carnal intercourse against the order of nature with any man, woman or animal" shall be imprisoned for life or for a term exceeding 10 years and be liable to pay a fine.

During the course of the proceedings, the health ministry and the home ministry, respondents to the petition, were divided in their opinion, with the health ministry's affidavit supporting the petitioners and the home ministry opposing decriminalization of same-sex activity saying such behaviour was immoral and could not be allowed in Indian society.

Last updated on Jul 1^st, 2009 at 18:44 pm IST--IANS