Decriminalising gay sex: Centre’s new position irks Apex Court

NEW DELHI: The U-turn of the Centre on the decriminalisation of the gay sex has irked the Supreme Court. The court expressed its displeasure over government’s flip flop on the issue.

"Don't make a mockery of the system. ASG Malhotra has already argued the case for more than three hours. Don't waste the court's time," said a bench comprising Justice GS Singhvi and Justice SJ Mukhopadhaya on Tuesday. The bench said, "we noted down arguments put forward by the home ministry. So now you tell the stand of your ministry."

The judges took strong excdeption to the arguments submitted by Union health ministry’s counsel and additional solicitor general Mohan Jain. Jain at the outset of the hearing when it was resumed told the court that as per the government decision there was no legal error in the Delhi high court verdict which had decriminalised gay sex in 2009.

It was in stark contrast to the argument submitted by Malhotra. He had opposed the high court order on the decriminalisation of gay sex. Last week during the course of the hearing in the case, the government had made a goof up. Malhotra first told that the government disapproved of decriminalising gay sex, saying it was "highly immoral".

Malhotra argued gay sex was against social order and Indian society could not imitate the practices prevailing abroad. Malhotra opposed the Delhi high court order, which had in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code and had ruled that sex between two consenting adults of same sex in private would not be an offence.

The court will resume its hearing in the case on Wednesday. However, after TV channels flashed the news, the home ministry distanced itself from the additional solicitor general's stand and came out with a separate statement, amid ongoing court proceedings, saying that it had not taken any stand on the Delhi high court order decriminalising homosexuality. The home ministry said the matter was considered by the cabinet, which had decided that the central government may not challenge the high court's verdict.