Govt considering all options to decriminalise homosexuality

SC verdict on gay sex in IndiaChidambaram said that if the apex court recognised live-in relationships, the legitimacy of children born out of wedlock, how could the same court refer to the LGBT community as "minuscule fraction". (AP)

With the Supreme Court order on gay sex creating a major uproar, the government on Thursday said it is considering all options to decriminalise homosexuality and filing a curative petition in the apex court could be one of them.

"The Government is considering all options to restore the (Delhi) High Court verdict on (Section) 377 (of IPC). We must decriminalise adult consensual relationships," Law Minister Kapil Sibal said.

Finance Minister P Chidambaram said the Supreme Court ruling was "wrong" and all options would be looked at to set right the Supreme Court order.

Terming the judgement "disappointing", he said the court should have applied "current social and moral values" in the case.

He said the government should file a review or curative petition and that the matter should be heard by a five-bench judge.

Chidambaram, the former Home Minister, said the Delhi High Court judgement was a "well-researched one" which the Union government accepted and did not challenge in the Supreme Court.

He added that the government's decision of not opposing the High Court judgement in the Supreme Court was also his party's view.

Chidambaram noted that the bench that gave the order, should have referred the matter to a five-judge bench and that the interpretation of law cannot be static.

Chidambaram said the government should ask for a review for a curative petition and the matter should be referred to a five-judge bench.

"I think the bench should have referred it to a five-judge bench and they should have looked into all aspects of law. Interpretation of law cannot be static. What you have done is, (you have) gone back in time, in 1860, and I am therefore terribly upset," Chidambaram said.

Noting that the current section 377 was made in the year 1860, the Finance Minister said it reflected the social and moral values of that age and the knowledge of psychology, physiology, genetics in that era was extremely poor.

... contd.

Please read our terms of use before posting comments
TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
comments powered by Disqus