Gay sex doesn't cause bodily injury: HC

Gay sex doesn't cause bodily injury: HC
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Agencies

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.