Homosexuality is mostly believed a prohibited subject by both Indian civil society and the government. Sexual acts “against the order of nature” remain illegal in India. But Indian Supreme Court on Thursday ruled that consensual sex between adults of the same gender is legal in the country. But any homosexual act without the consent of either partner remains a criminal offense. Indira Jaisingh, counsel for the Non profit Naz Foundation which had challenged the law, told CNN& BBC. India‘s Ministry of Home Affairs opposed changes to the law on grounds that decriminalizing homosexual conduct would “open the floodgates of delinquent behavior. The Delhi High Court, which is hearing a petition challenging the arrests under Section 377 of IPC that bans sexual relationships among people of the same gender, has directed the government to spell out its stand clearly on the issue. Prime Minister Manmohan Singh had asked the ministries of Home and Health to resolve the differences over the issues and give a comprehensive response to the Delhi High Court.
But the fact is that the government could never arrive at a consensus on this controversial issue. Former home minister Shivraj Patil and former health minister Anbumani Ramadoss had taken divergent stand on the issue before the court. In view of the urgency of the matter, Union Home Minister P Chidambaram proposes to convene a meeting to discuss the controversial section of the IPC. While Chidambaram and Law Minister Veerappa Moily are understood to be in favour of repealing the provision of the IPC, the response of Health Minister Ghulam Nabi Azad is awaited.

More than 80 countries have legislation that criminalizes sex between individuals of the same sex. UNAIDS is urging all governments to respect the rights and dignity of men who have sex with men, lesbians and transgender people through repealing laws that prohibit sexual acts between consenting adults; enforcing laws to protect these groups from violence and discrimination; promoting campaigns that address homophobia and Tran phobia, and ensuring that the crucial health services are met. The International AIDS Conference in 2008 heard that even in countries with generalized heterosexual epidemics, gay men and other men who have sex with men are disproportionately affected by HIV, and the laws criminalizing sex between men and homophobia stand in the way of HIV prevention.


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