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Gay sex doesn't cause bodily injury: HC

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Agencies

Posted: Nov 06, 2008 at 1840 hrs IST

New Delhi, November 6: The Delhi High Court on Thursday said gay sex does not cause bodily injury and pulled up senior BJP leader B P Singhal who pleaded for continuing with the penal provisions on criminalisation of homosexual acts on this ground.

"In several countries where ban has been lifted (from gay sex), no one has claimed that act is injurious. Even 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 said.

The Bench was objecting to the contention of BJP leader 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 said.

Advocate H V Sharma appearing for the leader, however, could not place any material before the Court saying no such study has been done in the country.

"Human being are 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. The BJP leader is a respondent opposing the petition seeking decriminalisation of gay sex.

Section 377 of Indian Penal Code provides a punishment of upto life imprisonment for indulging in gay sex.

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AIDS by Aditya Adhikari on 07 Nov 2008

Reality has offensive language according to IE.

politicians are idiots by a girl on 07 Nov 2008

Go, Delhi HC Go!! Tremendously glad to see a voice of reason in India. These politicians are a f'n joke.

it is Cumpulsive obsessive disorder by common indian on 06 Nov 2008

it is COD, shall not be encouraged.

What an experience by richard on 06 Nov 2008

How anyone can comment on this issue when more than half words in English language gets censored by your computer programme? Long live our voiceless democracy.

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