Justifying criminalisation of homosexuality in the country, the Centre has pleaded before the Delhi High Court that it is one of the main reasons for spread of HIV/AIDS and needs to be curbed.

In a written submission filed by Additional Solicitor General P P Malhotra, the Centre said that legalising Men having sex with Men (MSM), as pleaded by gay rights activists, would lead to spread of the dreaded disease and placed reports of various countries to substantiate its stand.

"In Zambia, one in three (33 per cent) surveyed men who have sex with men tested HIV-positive. In the Kenyan port city of Mombasa, 43 per cent of men who said they had sex only with other men were found to be living with HIV," the government said, quoting the United Nations report on Global AIDS Epidemic, 2008.

"In Bangkok, HIV prevalence among men who have sex with men rose from 17 per cent in 2003 to 28 per cent in 2005 and it is estimated that as many as 21 per cent new HIV infections in Thailand in 2005 were attributable to unprotected sex between men," the Centre said.

The 100-page written submission was filed by the Centre as the court, while reserving the order, had allowed the government to file any additional submission in a written form.

Centre's response came on a PIL filed by gay rights activists seeking the court's direction to decriminalise gay sex among consenting adults in private.

At present, homosexuality is an offence in the country and Section 377 of Indian Penal Code provides punishment for up to life imprisonment for engaging in such acts.

Malhotra pointed out that MSM population is the most vulnerable to infection by HIV.

"More than eight per cent of 25 lakh population of MSM are infected by HIV while the HIV prevalence among the general population is estimated to be less than one per cent," he said.

... contd.

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