Apex court raps government for flip-flop on homosexuality
Tuesday February 28, 2012 10:02:55 PM,
IANS
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New Delhi: The Supreme
Court Tuesday rapped the central government for its flip-flop on
the homosexuality issue with the union home and health ministries
taking divergent positions on the Delhi High Court verdict
decriminalising sex between consenting adults.
While Additional Solicitor General P.P. Malhotra appearing for the
home ministry argued that homosexuality was immoral, against
social order and there is high chance of spreading HIV through
such acts, the health ministry took a diametrically opposite
position.
In contrast to Malhotra, who had argued against the Delhi High
Court judgment for three hours, Additional Solicitor General Mohan
Jain, appearing for the health ministry, told the court: "There
does not appear to be any legal error in the Delhi High Court
judgment and the Supreme Court may take a final view whether the
judgment of the high court is legally correct or not correct."
Irked over the divergent positions of the two ministries, a bench
of Justice G.S. Singhvi and Justice S.J. Mukhopadhyay told Jain:
"Don't make mockery of the system. ASG Malhotra has already argued
the case for more than three hours. Don't waste the court's time."
Expressing its displeasure over the flip-flop by the government,
the court told Jain that it had noted the home ministry's position
and he could articulate the health ministry's stand.
Facing the heat, Jain sought two days' time to file an affidavit
stating unambiguously the stand of the government on the high
court verdict.
Hours after Malhotra's plea opposing the Delhi high court judgment
was splashed in media Feb 23, the government issued a statement
that "the decision of the cabinet was that central government may
not file an appeal against the high court judgment (in) the
Supreme Court".
It said the cabinet had also decided if any other party prefers an
appeal, the attorney general may be requested to assist the
Supreme Court to examine the matter.
The Delhi High Court by its July 2, 2009, ruling had held that
"Section 377 IPC (Indian Penal Code), insofar it criminalizes the
consensual sexual acts of adults in private, is violative of
Articles 21, 14 and 15 of the Constitution. The provision of
Section 377 IPC will continue to govern non-consensual penile
non-vaginal sex and penile non-vaginal sex involving minors."
The high court by its ruling also clarified that by adults it
meant everyone above 18 years of age.
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