[Posted by Aditya Bondyopadhyay, ap-rainbow, 16 October 2008.]
Gays are minority in the country: Delhi HC
Press Trust of India
Thursday, October 16, 2008 (New Delhi)
The Delhi High Court has taken a strong exception to the Centre's contention that the court would divide the country if it recognises homosexuals as a minority group.
A Bench headed by Chief Justice A P Shah said that the government is virtually accusing the court of dividing the country, which cannot be part of an argument.
"These are not arguments but comments on us. You are saying that we are dividing the nation by saying that they belong to minority group and then you are also saying that we are encouraging such practices," the Bench said.
The court's remarks came when Additional Solicitor General P P Malhotra contended that if gays were considered as minority in the country then many such small groups having peculiar characteristics would claim to belong to minority group, which would further divide the country.
"Is it a false statement to say that people suffering from leprosy or any other dreaded diseases do not belong to a minority group? If you are not prepared to see it then we cannot help it. Sexual minority means a group of people having different sexual preferences. Are we dividing the nation by calling them minority," the court observed.
The Bench referred to the affidavit filed by the NACO on behalf of health ministry, which admitted that the gay community is a minority community being harassed for their different sexual preferences.
"Is the recognition of Men Having Sex with Men (MSM) by the Health Ministry a reality or fiction? Does such group exist, if yes then why cannot they be put in a group on the basis of their characteristics," the court said.
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