India court rejects gay petition to legalise homosexuality

["F A B I O C C H I::" <eco_fabiocchi at tin.it>]

India court rejects gay petition
http://news.bbc.co.uk/2/hi/south_asia/3622418.stm
By Ayanjit Sen
BBC corespondent in Delhi

The high court in the Indian capital Delhi has dismissed a legal petition
that sought to legalise homosexuality.
The petition challenged laws which deem homosexual acts to be "unnatural
criminal behaviour".
The court ruled that the "validity of a law" cannot be challenged by anyone
who is "not affected by it".
The petition, filed by a voluntary organisation, argued that it is wrong for
homosexuality to be a punishable offence in 21st century India.
'Delinquent behaviour'
The petition was filed by the HIV and Aids organisation, the Naz Foundation.
It alleged that the police use the law to harass homosexuals.
Lawyers for the government earlier argued in court that homosexuality cannot
be legalised in India because society strongly disapproves of it.
"Indian society, by and large, disapproves of homosexuality and justifies it
being treated as a criminal offence even when adults indulge in private,"
said a government lawyer.
The government argued that that the abolition of the law dealing with what
they termed as "unnatural sex acts" could result in an increase in
delinquent behaviour.
"While the right to respect for private and family life is undisputed,
interference by public authority in the interest of public safety and
protection of health and morals is equally permissible.
"This is precisely what the law does," said a government affidavit.
Legal experts are debating the court's ruling that petitions against the law
cannot be brought by anyone who is "not affected by it".
It is unclear what exactly this phrase means, but some lawyers argue that
public interest petitions should be filed by affected people rather than by
organisations representing them.