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Plea to cross-examine Naz Foundation on homosexuality rejected
New Delhi, Aug 10: The Delhi High Court has rejected a plea to cross-examine an NGO, Naz Foundation, which has challenged the constitutional validity of Section 377 of IPC that makes homosexual activities a punishable offence.
New Delhi, Aug 10: The Delhi High Court has rejected a plea to cross-examine an NGO, Naz Foundation, which has challenged the constitutional validity of Section 377 of IPC that makes homosexual activities a punishable offence.
A division bench of Chief Justice B C Patel and Justice A K Sikri dismissed the plea of an organisation called Joint Action Council, saying that it was not interested in cross-examining the petitioner at this stage.
The JAC impleaded as a party in the matter, had sought the court's direction to cross-examine the petition's deponent, claiming there was "absence of sufficient scientific reference on record" in support of its prayer.
Additional Solicitor General (ASG) K K Sud told the court that the Centre would file its affidavit by September 8, the next date of hearing, explaining whether homosexuality should be legalised or not in the country.
Sud, however, said there was no urgency as the society was not ready for such a change. He cited the example of Amsterdam where homosexuals have "virtually been externed".
Petitioner's counsel Anand Grover contested Sud's argument and submitted the petitioners were not able to reach out to the homosexuals for prevention of HIV/Aids as the law made it a penal offence.
Earlier, the court had taken a serious view of Centre's inability to spell out its stand on homosexuality and asked the Attorney General to give his opinion as to whether the provision of law making it a penal offence be abolished.
The court had observed that the issue could not be just brushed aside on the grounds of social morality.
Bureau Report
The JAC impleaded as a party in the matter, had sought the court's direction to cross-examine the petition's deponent, claiming there was "absence of sufficient scientific reference on record" in support of its prayer.
Additional Solicitor General (ASG) K K Sud told the court that the Centre would file its affidavit by September 8, the next date of hearing, explaining whether homosexuality should be legalised or not in the country.
Sud, however, said there was no urgency as the society was not ready for such a change. He cited the example of Amsterdam where homosexuals have "virtually been externed".
Petitioner's counsel Anand Grover contested Sud's argument and submitted the petitioners were not able to reach out to the homosexuals for prevention of HIV/Aids as the law made it a penal offence.
Earlier, the court had taken a serious view of Centre's inability to spell out its stand on homosexuality and asked the Attorney General to give his opinion as to whether the provision of law making it a penal offence be abolished.
The court had observed that the issue could not be just brushed aside on the grounds of social morality.
Bureau Report