The Delhi High Court has held that there are no such direct and conclusive links that prove that homosexuality spreads AIDS. The HC division bench of Chief Justice AP Shah and Justice S Muralidhar asked government to show material, research paper or any document even from other country to prove that decriminalization of gay sex would lead to spreading of HIV.

 

The bench further observed that if the argument is correct then spread of HIV should have stopped in the country as the law has been there for many years, on the contrary, there are numerous people suffering from the deadly disease. The court asked for further documentary proof from Home Ministry. It held that how would the court decide the matter without any empirical study done by the government to substantiate its stand.

 

The Bench felt a need for a special law where provision could be made to provide proper care and treatment to HIV patients which are already in practice in several countries. The court observed that unlike other countries India has not brought any special laws for people suffering from the disease on the pretext that penal provision under Indian Penal Code is sufficient.