Gay sex case: SC slams govt’s ‘casual’ stance

The Supreme Court on Tuesday condemned Centre’s “casual” approach on the important issue of decriminalisation of homosexuality and said its neutral stand on the controversial subject was “peculiar.”

The Supreme Court on Tuesday condemned Centre’s “casual” approach on the important issue of decriminalisation of homosexuality and said its neutral stand on the controversial subject was “peculiar.”

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A bench of Justice GS Singhvi and Justice SJ Mukopadhyay expressed its strong reservation against government’s turnabout in the SC during the hearing of a batch of appeals challenging the Delhi HC verdict that decriminalised consensual sex among adults of the same sex.

“The government comes with the stand that they are neutral. Which one is to be accepted, the affidavits filed in the high court or its stand of neutrality in the Supreme Court. We don’t know in how many cases they have been neutral,” the bench wondered, saying it was peculiar for the government to take a neutral stand after contesting it before the HC.

The two ministries, home and health, took contrary stand before the HC. While the home ministry was against decriminalisation of gay sex, the health ministry supported it. But, now before the apex court the Centre has taken a neutral stand.

“They have taken this case very casually. This practice needs to be condemned and we are going to say it in our judgment,” it added. The court also expressed concern that during the last 60 years the Parliament has not considered amending Section 377, despite Law Commission’s recommendations.