9/10/2009
The Union Cabinet may articulate today its stand on homosexual relations decriminalised by a Delhi High Court order now challenged before India’s Supreme Court.The government was asked to present its stand after the Supreme Court was petitioned by Christian and Hindu spiritualists concerned over the judgment's possible effect on society’s moral fabric.
The issue is to come up before the Court on September 14.
The judgment was studied by a three-Minister group of Law and Justice Minister M Veerappa Moily, Home Minister P Chidambaram and Health Minister Ghulam Nabi Azad.
The Cabinet has before it a confidential note put together by the group suggesting, by one published account, not to oppose the judgment.
The group, a source said, saw decriminalisation of private consensual sex between two adults as the only question, and made no value judgment on the ruling.
About the time Chidambaram told journalists last month the group finalised its recommendation to the Cabinet, Dr Moily described the judgment as one which ‘really stood out.’ ‘This is one judgment which has really stood out in the judicial annals of this country,’ Dr Moily told a television interviewer.
The judgment was given by Chief Justice A P Shah and Justice S Muralidhar in the case of Naz Foundation (India) Trust vs Government of NCT, Delhi and Others.
The judges ‘declare that Section 377 IPC, insofar it criminalises consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution.’ There was no authoritative word about deliberation likely today. ‘I have nothing to say,’ Dr Moily responded when reached over the telephone.
UNI
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