"We should not accept religious literature instead of scientific report." The Delhi High Court bench headed by Chief Justice A P Shah remarked in response to Additional Solicitor General P P Malhotra who cited an article condemning gay sex by quoting Bible.
"These are not scientific reports. These are articles quoting Bible which is a propaganda. Your arguments should be based on scientific reports. Show us scientific reports which justify criminalisation of such acts (gay sex)," the Times of India quoted the Bench as saying on Wednesday.
The National Aids Control Organisation, in its affidavit filed on behalf of Union health ministry which supports the view that gay sex among consenting adults should be decriminalised, pointed to the vulnerability of homosexuals to HIV infection due to current laws that hinder outreach and education programmes.
Last month, Malhotra argued that since AIDS is rampant amongst gays, it showed homosexuality was the cause for this disease and if legalised, HIV/AIDS cases would shoot up.
On Wednesday, the Delhi HC asked Malhotra to table evidence that AIDS had spread in countries where homosexuality has been decriminalised.
"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."
"We are not taking it (religious literature). We will be going by your report submitted by the NACO. We would rely on NACO report. You can counter it by some scientific report. Show us what World Health Organisation says on the issue. We can rely on those scientific reports," the Bench said.
"I am not saying that you cannot quote Bible but show us scientific report. The entire article you are referring to quotes the religious text. This is the opinion of a traditional religious body. It's a religious view of a certain body which cannot be relied upon," Chief Justice Shah said, adding that this is just one sided version of a religious body.
Earlier this month, the bench demanded to know the state's compelling interest to continue with such a provision like Section 377 (carrying a punishment of up to life sentence).
"If there is a stringent law prescribing punishment up to life imprisonment, how do you expect MSMs (man having sex with man) to come forward and get treatment for HIV?" the Bench asked. "People (gays) are living under fear of being prosecuted."
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This is how all expert evidence works - courts should use the opinion of experts and not the prejudices of bigots. Well done to the Delhi Court - hope their judgment follows through!
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It can be a face-saving way for the law to be changed, for the politicians.
While this is going on, California is fighting a very close battle against their own 'religious bigots ' who want to turn the table on 'gay marriages'.My prayers go out to ALL the LBGT community around the world...we are all proud of who we are and we demand our freedom from Discriminations, as our basic Human Rights, and free from Religious Intolerances.
Intellectualism vs. common thuggery. I like it.
India is indeed blessed to have such a fine gifted son. arrr, i'm so jealous!!!! lol just kidding.
Goes to show x-tian fundamentalists are the spreading evil disease that needs to be controlled, not HIV alone.
Give a self deluded x-tian enough reasons to believe he/she is "saved" above everyone else not yet converted to his flock, and he becomes head pig in animal farm. Oink!
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