UNAIDS welcomes
historic decision by Delhi High Court to annul the law that criminalizes adult
homosexual relations
New
Delhi, 2 July 2009—The Delhi High Court in India today
annulled a 150-year-old law criminalizing “carnal intercourse against the order
of nature,” commonly known as Section 377 of the Indian Penal Code. The court
declared that section 377 of Indian Penal Code violated Articles 14, 15, 19 and
21 of the Indian Constitution and said consensual sexual acts of adults in
private should not be criminalized. A division bench of Chief Justice A.P Shah
and Justice S. Murlidhar said, “The inclusiveness that Indian society
traditionally displayed, literally in every aspect of life, is manifest in
recognizing a role in society for everyone.”
“The
Delhi High Court has restored the dignity and human rights of millions of men
who have sex with men and transgendered people in India,” said UNAIDS Executive
Director Mr Michel Sidibé. “Oppressive laws such as Section 377, drive people
underground making it much harder to reach them with HIV prevention, treatment
and care services.”
UNAIDS
urges all governments to ensure full respect for the human rights of men who
have sex with men, lesbians and transgendered people through repealing laws
that prohibit sexual acts between consenting adults in private; enforcing laws
to protect these groups from violence and discrimination; promoting campaigns
that address homophobia and transphobia, and ensuring that the crucial health
services are met.
“UNAIDS
strongly welcomes the decision to repeal the law and looks forward to working
with the Indian government on moving the AIDS response forward for men who have
sex with men and transgendered people,” said Mr Sidibé. “It sends a positive
message to countries, where such laws still exist.”
The
criminalization of adult sexual behaviour is hampering HIV responses across the
world. Such measures have a negative impact on delivery of HIV prevention
programmes and access to treatment by people living with HIV. Not only do they
violate human rights of individuals, but further stigmatize these populations.
Currently, more than 80 countries in the world have legislation that prohibits
same sex behaviour.
In
the 2006 United Nations Political Declaration on HIV/AIDS, governments
committed to removing legal barriers and passing laws to protect vulnerable
populations. Countries that have non-discrimination laws against men who have
sex with men, injecting drug users and sex workers have provided better access
to HIV prevention, treatment, care and support services.
Contact:
Sophie Barton-Knott | tel. +41 22 791 1697 | bartonknotts@unaids.org
Dr.
Charles Gilks | tel. +91 9810330306 | gilksc@unaids.org
Nalin
Mehta | tel. +91 9711291990 | mehtan@unaids.org
UNAIDS is an
innovative joint venture of the United Nations, bringing together the efforts
and resources of the UNAIDS Secretariat and ten UN system organizations in the
AIDS response. The Secretariat headquarters is in Geneva, Switzerland—with
staff on the ground in more than 80 countries. The Cosponsors include UNHCR,
UNICEF, WFP, UNDP, UNFPA, UNODC, ILO, UNESCO, WHO and the World Bank.
Contributing to achieving global commitments to universal access to
comprehensive interventions for HIV prevention, treatment, care and support is
the number one priority for UNAIDS. Visit the UNAIDS Web site at www.unaids.org
