http://www.indianexpress.com/news/activists-await-decriminalisation-of-homosexuality-in-state-too/485151/
Activists await decriminalisation of homosexuality in state too *Jinal Shah* Posted online: Sunday , Jul 05, 2009 at 0127 hrs *Mumbai : *Even as National Aids Control Organisation (NACO) in Delhi welcomes Delhi’s High Court ruling that decriminalises homosexuality, Maharashtra AIDS activists and experts are waiting for a similar ruling of their own. In a landmark ruling, the Delhi High Court on Thursday legalised homosexuality and said that treating consensual gay sex as a crime is a violation of fundamental rights protected by Indian constitution. However, the ruling applies only in Delhi and though it can be applied in other states as a precedent but it would still be up to the local court to accept it or not. Welcoming the court order, HIV activists and experts here say that such a ruling is very important in Maharashtra as well where HIV prevalence among Men having Sex with Men (MSM) is fast increasing. According to the centennial survey, Maharashtra stands fourth in the HIV prevalence. Karnataka has the highest prevalence of HIV among MSM with 17.6 per cent, followed by Andhra Pradesh with 17 per cent and Manipur with 16.4 per cent. Maharashtra stands fourth with 11.8 per cent. “The High Court ruling is very important from health point of view as it is difficult to reach this population where the HIV prevalence is highest. It is very difficult to reach this community as they do not come out in open,” said Dr Harish Pathak, additional project director, Mumbai Aids Control Society (MDACS). HIV programme works on the principal of self-identification where a person declares his behaviour and asks for services offered by NACO. These services are: condom usage, lubrication, treatment of sexually-transmitted infections and testing for HIV, behaviour change (practicing safe sex) and treatment for HIV and AIDS. As per the national figures, HIV prevalence is highest among MSM (7.41 per cent of the people tested positive) followed by injectable drug users (7.23 per cent) and sex workers (5 per cent). This trend is reflected in Maharashtra as well. Activists working for the gays and transgenders say that the Delhi HC ruling is a precedent and all other states will soon follow. “The verdict acts as a precedent for other states. The government will look into this matter now to make it a blanket law and if nothing happens, many activists from different states will file petitions in high courts,” said Vivek Anand, chief executive for Humsafar Trust.
