New Delhi, Sept 08: The Centre today told the Delhi High Court that homosexuality cannot be legalised in India as the society disapproves of such behaviour. In its reply to a petition challenging the constitutional validity of Section 377 of IPC, the government said, "Deletion of the said section can well open the flood gates of delinquent behaviour and be construed as providing unbridled licence for the same".

According to Section 377 of IPC, whoever voluntarily has sex against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years. Naz Foundation, an NGO working for the welfare of aids patients, has challenged the validity of this provision and sought to legalise homosexuality on the grounds that due to fear of police action, consenting adult males having sexual relations between them, were not coming forward to disclose it though they were more prone to HIV infection.

"Indian society by and large disapproves of homosexuality and disapproval was strong enough to justify it being treated as a criminal offence even where the adults indulge in it in private", it said citing law commission's 42nd report. The government also questioned the NGO's locus standi to approach the court on this issue, saying "no one except those whose rights are directly affected by the law can raise the question of its constitutionality".

Bureau Report