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Landmark Judgment on Homosexuality

By Dr. Janak Raj Jai

Published In

CRLJ 2014

In the year 1994 the Delhi Administration decided to supply condoms to the inmates of Tihar Jail, on the plea that 90% of the inmates indulged in homosexuality. The Government felt that to prevent HIV/AIDS among them it was essential to supply condoms to the inmates of Tihar Jail. This writer felt very much disturbed on this unacceptable decision of the Government. Having been in Jail during emergency for about 19 months, this writer personally observed that there was no rampant homosexuality in Tihar Jail as pleaded by the Government. Having been aggrieved by the decision of the Government for the supply of condoms, this writer filed a writ petition (Civil Writ Petition No. 1009 of 1994) by way of Public Interest Litigation in the High Court of Delhi, praying that under no circumstances the condoms could be supplied to the inmates of Tihar Jail ‘so long as section 377, IPC remains on the Statute Book’. The Respondent an NGO, Bhedbhav Virodhi Andolan opposed this ....

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