Attorney general: Centre fully accepts decriminalization of gay sex

 Attorney general G E Vahanvati informed the Supreme Court on Tuesday that the Centre has fully accepted the Delhi high court verdict, which decriminalized consensual gay sex between adults in private. The Centre clarified its stand on homosexuality, saying there is no error in decriminalization of gay sex.

The Supreme Court had sought assistance from the attorney general in view of contradictory stand taken before the Supreme Court and high court.

Vahanvati said though the government had opposed dilution of Section 377 as far as consensual gay sex in private was concerned, it later realised that the high court verdict was correct. The HC verdict decriminalizing homosexuality is acceptable to us, he stressed. We learnt and got subsequently enlightened after the verdict, he added.

Criminalizing gay sex among consenting adults in private is violation of fundamental rights, the attorney general added on the Centre's behalf.

SC pulls up Centre for shifting stand on homosexuality issue

The central government on Today changed its stand on homosexuality issue in the Supreme Court, saying there is no error in decriminalising gay sex.

The SC pulled up the central government for shifting its stand on homosexuality.

"Don't make mockery of the system and don't waste court's time," the Supreme Court told the Union government.

The Centre suffered a huge embarrassment in the Supreme Court on Feb 23 when its counsel termed homosexuality as immoral, disregarding the decision of the Union Cabinet not to oppose the Delhi high court's verdict on Section 377 of Indian Penal Code decriminalizing consensual sex among gay adults.

Appearing in the hearing on a petition challenging the HC order which decriminalized Section 377 and was celebrated as a major triumph by gay activists and liberal advocacy groups, additional solicitor general P P Malhotra launched into a sharp attack on homosexuality, calling it immoral.

Centre opposes decriminalisation of homosexuality in SC

The Centre on Today opposed dilution of Section 377 of Indian Penal Code by Delhi high court, which decriminalised sexual act in private between consenting adults. It tells SC that the HC erred because a vast section of Indian society still considered it to be an immoral act, hence the provision needs to be retained in full to reflect the society's views. Though the Centre had not appeal against the judgement, the ministry of Home affairs came out strongly against dilution of Section 377.

When the SC asked who decides what is immoral, the Union government said the society did so and argued that the laws can not but reflect the views of the society, which in India considers homosexuality as immoral. The government said the HC considered judgements of Foreign countries alone where homosexuality may not be resented.