Human beings are the same everywhere....Delhi HC

The Delhi High Court disagreed with arguments that gay sex caused bodily injury and pulled up opponents of homosexuality for seeking continuance of the ban on this ground. “In several countries where ban has been lifted (from gay sex), no one has claimed that the act is injurious. Even the WHO does not say that it causes injuries to people involved in such acts,” a Bench comprising Chief Justice A P Shah and Justice S Muralidhar remarked while hearing arguments being made on behalf of senior Vishwa Hindu Parishad (VHP) leader B P Singhal that such acts cause injuries in private parts of the people who indulge in gay sex and that it should not be allowed even between consenting adults. “Do you have any material to substantiate the claim that indulgence in such acts causes injury to people’s body,” the Bench sought to know. Advocate H V Sharma appearing for Singhal, who got himself impleaded as a party into the PIL, however, could not place any material before the court and said no such study had been done in the country. “Human beings are the same everywhere,” the court remarked asking him to place before it any report which supports his contentions.The court was hearing a bunch of petitions filed by gay rights activists seeking decriminalisation of gay sex among consenting adults which, at present, is an offence. Section 377 of the Indian Penal Code provides punishment up to life imprisonment for indulging in gay sex. The court will continue to hear arguments.