Details of discrimination not sufficient: SC

The Supreme Court on Wednesday pointed out that the NGO Naz Foundation, which filed a petition in the Delhi High Court seeking striking down of Section 377 of the IPC, failed to furnish details about discriminations being faced by members of the LGBT community.

A bench of justices G S Singhvi and S J Mukhopadhaya said: “It (petitioner) miserably failed to furnish the particulars of the incidents of discriminatory attitude exhibited by the state agencies towards sexual minorities and consequential denial of basic human rights to them.”

The Health Ministry, in its affidavit, told the court that the estimated HIV prevalence among FSWs (female sex workers) was 4.60 to 4.94 per cent, among MSM (men who have sex with men) was 6.54 to 7.23 per cent and IDU (injecting drug users) was 9.42 to 10.30 per cent.

“The total population of MSM as in 2006 was estimated to be 25,00,000 and 10 per cent of them are at risk of HIV. These details are wholly insufficient for recording a finding that homosexuals, gays etc are being subjected to discriminatory treatment either by the state or its agencies or the society,” the court said.