We’re not against decriminalising gay sex: Centre | delhi | Hindustan Times
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We’re not against decriminalising gay sex: Centre

delhi Updated: Mar 04, 2012 01:21 IST
Satya Prakash
Satya Prakash
Hindustan Times
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After swinging both ways on the issue of gay sex, the UPA government has finally told the Supreme Court that it is not against the Delhi High Court verdict decriminalising homosexual acts between consenting adults in private.

In an affidavit filed in the Supreme Court on Friday, union home secretary RK Singh said the Centre’s stand on the HC verdict on Section 377 of the IPC is based on the July 28, 2009, recommendation of a group of ministers (home, law and health) that was accepted by the union cabinet on September 19, 2009, and communicated to the attorney general.

Singh sought to highlight the fact that the government has not filed any appeal against the HC verdict.

The affidavit comes days after the SC took strong exception to two additional solicitor generals, representing the home and health ministries respectively, taking contradictory stands during a hearing on petitions challenging the Delhi HC verdict.

While ASG PP Malhotra opposed the HC verdict, terming it “highly immoral” on behalf of the home ministry, ASG Mohan Jain, representing the health ministry, submitted there was nothing wrong in the HC judgment.

Now, the home secretary’s affidavit puts an end to the controversy.

Section 377 of the IPC criminalises carnal intercourse against the order of nature with any man, woman or animal and prescribes a maximum punishment of 10 years in jail.

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