New Delhi: The Centre on Tuesday was divided on the issue of abolition of punishment for homosexuality with the Ministry of Home Affairs — telling the Delhi High Court that it favours retention of the provision — while the Health Ministry is against its enforcement.
"How would you reconcile the contradictory affidavit," a Bench comprising Justices A K Sikri and J R Midha said — after going through the affidavits filed by the two ministries adding — "the government cannot shy away from the stand taken by it in the affidavit".
Advocate Monica Garg, appearing for the Centre, found herself in a spot when the Bench pointed to the contradiction in the views of the ministries.
"I have earlier written to the government that I would not be able to represent both the ministries but I have not got a reply," Garg submitted — adding that for the time being she would represent the Ministry Of Home Affairs which is in favour of penal provision against homosexuals.
The Home Ministry, in its affidavit, said that in Indian context the law was right and should continue as a deterrent for such kind of "immoral" acts.
On the other hand, the affidavit filed by National Aids Control Organisation (NACO), which comes under the Ministry of Health, was against enforcement of Section 377 of IPC which has the provision of punishment upto life imprisonment for indulging in unnatural sex.
Enforcement of Section 377 can adversely contribute to pushing the persons suffering from HIV underground which would make such risky sexual practices go unnoticed, the affidavit filed by NACO said.
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