Government to Decriminalize Gay Sex Right Against SC Order

December 12, 2013 17:13
Government to Decriminalize Gay Sex Right Against SC Order

Union Law Minister Kapil Sibal says, "The government is considering all options to restore the (Delhi) high court verdict on (Section) 377. We must decriminalize adult consensual relationships.”

The initiative has come after UPA Chairperson Sonia Gandhi expressed her disappointment against the Supreme Court’s ruling setting aside the Delhi High Court’s ruling decriminalizing gay sex.

Sonia-Gandhi

Sonia Gandhi said, "I am disappointed that the Supreme Court reversed the previous Delhi high court ruling on the issue of gay rights.  We are proud that our culture has always been an inclusive and tolerant one.  This Constitution has given us a great legacy, a legacy of liberalism and openness that enjoin us to combat prejudice and discrimination of any kind.”

The Finance Minister Chidambaram also reacted to the judgment and said, "What we have done is go back in time to 1860 and I'm terribly disappointed.  We must explore ways and means in which this judgment can be reversed very quickly. Legislation is one way to reverse it but that may take time.

"(While) not giving up that option of legislation, we must explore other ways and I am willing to sit with my colleagues to find out if there are other ways in which this judgment might be reversed."

But this is what the apex court suggested too. The Supreme Court bench headed by Justice G S Singhvi said in his judgment that it is not in the purview of the court to decide on it but it is up to the Parliament to legislate on the issue.

It is not a judgment on gay sex in fact.  The Supreme Court simply said on section 377 it is not in the jurisdiction of the court to decriminalize it.  If at all anybody has a power to do it, it is only Parliament that can do it.  But all is well in love and politics.

Although the Supreme Court suggest the same, if it taken as an issue, the homosexual communities’ votes can be banked upon as political critics opine.

-SriJa

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