Govt. says High Court's Judgement on gay sex is Constitutional

It’s heartening to note, that while the Indian Govt. still has to lay it’s position before the Supreme Court, a preliminary panel of the three involved ministries (Home, Health, and Law) have said that the Delhi High Court’s judgment legalizing gay sex followed the Indian Constitution – specifically Articles 14, 15, and 21.

The law minister Moily also praised the court’s verdict calling it very well argued and well presented.

Image Credit: The Advocacy Project

Government's says gay sex ruling follows the Constitution
Government's says gay sex ruling follows the Constitution

Hopefully this means that when the government gives its position to the Supreme Court for the hearing on the 14th of September 2009, it will support the decriminalization of Homosexuality. It took pains to point out that Article 377 was not abolished, but was “read down” to allow consensual gay sex between adults. This is so that the government can still have a law to deal with child molestation. Another reason no doubt, was to reassure the opponents of the verdict that it wasn’t doing away with the section completely – a good response overall.

Stay tuned on this blog for more on the progress of Article 377. How do you think the Supreme Court will rule on the issue? Take the poll!

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