Rights
LGBTQIA
"HIV/AIDS to rise with SC anti-gay ruling"

11 Dec 2013, 10:08 am Print

New Delhi, Dec 11 (JEN) The Supreme Court verdict that once again criminalizes gay sex in India will lead to more number of HIV/AIDS cases in India, said a leading gay activist after the top court ruling on Wednesday triggering widespread condemnation from the LGBT community and human rights champions.

Noted gay activist Ashok Row Kavi, who also runs a magazine for LGBT group in Mumbai, said the judgement is shocking and would hamper in the fight against HIV/AIDS.

"They used to discriminate the LGBT earlier and now they would say you are a criminal," said Kavi. "We would have to deal with more people with HIV/AIDS," he said.

"It is not about morality and religion. It is about my right to be what I am. This will only lead to increase in more HIV/AIDS cases in India," said Kavi, adding that people will go in hiding and unsafe sex will increase. 

"We are back to square one. It is a terrible setback," said Kavi. 

Additional Solicitor General of India Indira Jaisingh said:"It is almost like saying Article 21 does not exist in the Constitution of India." Calling it a Medieval step, she said it is about human rights and Article 21 protects human rights. 

"It is erroneous interpretation of Constitution of India. It is not just disappointing but almost against the Constitution," she said.

Some political leaders also reacted against the judgement.

Trinamool Congress Rajya Sabha member Derek O'Brien tweeted: "My views on gay rights in 2006. No different today. Way back in 2006 I spoke up to decriminalize #Sec377 along with Amartya Sen, Vikram Seth, Shyam Benegal & others." 

An activist in Bangalore said the verdict is a kind of betrayal and they would fight back.

In Mumbai, another activist said the verdict was numbing. "We are now criminals," she said. 

In a huge setback to the gay rights movement in India, the Supreme Court on Wednesday set aside a landmark pro-LGBT judgement of Delhi High Court in 2009, by ruling that homosexuality would continue to remain illegal in the country and would not be constitutionally invalid.

Four and half years after the landmark judgement by the Delhi High Court, the Supreme Court bench of Justices GS Singhvi and SJ Mukhopadhaya said it will remain a criminal offence and passed the ball to the legislature holding that it was up to them to make changes in the laws.

The rights group would now challenge the division bench order with a curative petition. "It is not end of road I think," said filmmaker Onir as activists said it is a black day for human rights in India. 

The Delhi High Court verdict of July 2009 had not been challenged by the Government of India. Since then it is like a law in India. But the SC verdict changed all that and gay sex will again be illegal in India.