"MSM (men who have sex with men) is a high-risk group. Since we are in the field of AIDS prevention, we have asked for the ban to be lifted," a senior official of the National AIDS Control Organisation (NACO) told AFP, asking not to be named.

NACO told the Delhi High Court that more than eight percent of homosexual men in India are infected with HIV compared to less than one percent in the general population.

The official said NACO had filed the affidavit pushing for legalisation of homosexuality in support of a petition by AIDS activists who want amendments to the law.

Section 377 of the penal code prohibits "carnal intercourse against the order of nature with any man, woman or animal."

While few prosecutions are brought, AIDS activists say police use it to harass gay people in India, where even discussion of the subject is considered taboo in many communities.

"Section 377 can adversely contribute to pushing the infection underground, make risky sexual practices go unnoticed and unaddressed," NACO told the court.

"The fear of harassment by law enforcement agencies leads to sex being hurried, leaving partners without the option to consider or negotiate safer sex practices."

NACO's stance contradicts the position of the government, which told the Supreme Court last year that the country was not ready to accept gay people. The Supreme Court has since sent the case back to the Delhi High Court.

"Public morality ... must prevail over the exercise of any private right," the government had told the court in December.

Experts said NACO's move would strengthen the argument that the law is driving India's gays underground and making AIDS prevention difficult.

"This will definitely strengthen our case. The government has been saying homosexuality goes against public morality. Now its own agency is supporting us," said lawyer Savita Singh of Lawyers Collective, which represents activists in the court.

"This is nothing but doublespeak by the government."

NACO says India has about 2.5 million homosexual men.

In May Geneva-based UNAIDS said India had 5.7 million people living with HIV/AIDS -- the highest figure in the world, ahead of South Africa where the figure stands at 5.5 million.

NACO says the number is 5.2 million.

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