(New Delhi) India’s federal government has told the Delhi High Court that homosexuality is the result of a perverse mind and should not be decriminalized.
In a brief filed this week with the court, the government said that if the country’s sodomy law is overturned it could have a profoundly adverse impact on Indian culture.
LGBT rights groups and AIDS outreach organizations told the court last month that the law is anachronistic, impedes civil rights and blocks AIDS groups’ abilities to reach out to gays.
The law against homosexual sex that dates to the British colonial era. The law, which forbids sexual acts “against the order of nature,” carries punishment of up to 10 years in prison.
In its submission to the court, the government said that the court should not interpret India’s Constitution in a way that would force foreign culture on the country.
The government also challenged the court’s right to question the constitutionality of the law.
“The court is not the authority to decide what should be the law or what should not be the law. These are the functions of the Parliament and the will of the Parliament is represented by its members,” the government argued.
“What are the laws and what could be the law should be left to the wisdom of the Parliament. Neither are the courts equipped nor is it the function of the court to decide what the law should be. The courts have only to interpret the law as it is,” the brief said.
http://www.365gay.com/news/india-gays-are-perverse/
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