Public acceptance of people in gay relationships will help meet health concerns and control the spread of HIV, Justice D.Y. Chandrachud of the Supreme Court told lawyers who argued in support of criminalising homosexuality on Tuesday.
Same sex couples living in denial with no access to medical care were more prone to contracting and spreading sexually transmitted diseases, Justice Chandrachud observed. “All suppression is wrong.”
Justice Chandrachud, who is part of the five-judge Bench led by Chief Justice Dipak Misra hearing a plea to strike down Section 377 that criminalises gay sex even if it is between consenting adults, was reacting to arguments that homosexual behaviour leads to spread of HIV.
“The cause of sexually transmitted diseases is not sexual intercourse, but unprotected sexual intercourse. A village woman may get the disease from her husband, who is a migrant worker. This way would you now want to make sexual intercourse itself a crime?” Justice Chandrachud asked lawyers supporting Section 377.
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