New Delhi: The Supreme Court on Monday upheld the Delhi High Court’s order legalising gay sex and gave the Centre eight weeks for its opinion on the matter.
The Delhi High Court, in a landmark judgment on July 2, had ruled that Section 377 of the Indian Penal Code violated an individual’s rights and any sex between consenting adults should be legalised.
In a surprise move, the Central Government told the Supreme Court that it doesn't want to oppose the High Court's watering down of the law.
A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam granted eight-week time to the Union Government to clarify its stand on the issue. ''Since there are no serious consequences of the High Court's order. If there was any apprehension of criminal cases being filed, this court would have interfered,'' the Supreme Court bench ruled.
The apex court also refused to pass any order regarding gay marriages.
Chief Justice Ajit Prakash Shah and Justice S Muralidhar of the Delhi High Court had said that if not amended, Section 377 would violate Article 21 of the Constitution, which states that every citizen has equal opportunity of life and is equal before law.
"Equality and inclusiveness are the tenets of the Constitution," they quoted India's first Prime Minister Jawaharlal Nehru as saying. Calling any discrimination anti-thesis of the right to equality, the judges said: "Equality should not be read literally, but in true spirit."
Religious leaders then filed a petition before the apex court against the High Court’s order.
Section 377 was framed in 1860 during the reign of Queen Victoria. According to it, “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment.”
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