Morality cannot overshadow fundamental rights: Gay activists NDTV.com

Pink News UK

(New Delhi) - - - Stressing that morality cannot overshadow fundamental rights of a citizen, gay rights activists on Thursday argued before the Delhi High Court for decriminalisation of homosexuality among consenting adults.

The moral argument cannot triumph over the constitutional rights in a democratic society where fundamental rights prohibit any discrimination on the ground of sex, said advocate Shyam Diwan, appearing on behalf of the activists.

He also added that homosexuals in the country do not have full moral citizenship and they are being treated as second-class citizens.

A bench comprising of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar was hearing a petition filed by 13 NGOs, including Naz Foundation, seeking the court’s direction to decriminalise homosexual acts among consenting adults by amending Section 377 of the Indian Penal Code (IPC).

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