New Delhi, July 03: The Government still appeared to be cautious in its approach on what to do with the controversial law relating to same gender sex with a meeting of three senior Ministers deciding to take an in-depth view on the issue, notwithstanding Delhi High Court order decriminalising the provision.
Home Minister P Chidambaram today held a meeting with Law
Minister M Veerappa Moily and Health Minister Ghulam Nabi
Azad, all of whom were mandated by Prime Minister Manmohan
Singh to decide the Government's stand on the issue at a time
when the High Court judgement had not come.
Chidambaram told reporters after the 45 minute meeting
that the judgement was discussed and it was decided that the
Law Ministry would prepare a note on it after which they will
look into it.
"We were asked to meet and take a view on the matter
which was pending the High Court. However, when we fixed the
date for today's meeting, we did not know that the judgement
will be delivered...
"So we have taken note of the judgement...the
judgement deals with only one aspect of section 377. Section
377 is left intact except one aspect. So we have asked
department of Law to prepare a note based on the judgement and
we will look at it and then we will decide what needs to be
done," he said.
Chidambaram parried questions whether the government
would move the Supreme Court challenging the High Court order.
Moily said the three will submit their report to the
Prime Minister.
"We met today and analysed the judgement and will submit
our report to the Prime Minister," he said.
Chidambaram and Moily are understood to be in favour of
repealing the provision of the IPC, while Azad was reportedly
of the opinion that the matter should be referred to
Parliament.
In a victory for gay rights activists, the Delhi High
Court yesterday legalised homosexual acts among consenting
adults holding that the 149-year-old law making it a criminal
offence is violative of fundamental rights and not punishable.
However, the court said Section 377 of the Indian
Penal Code which criminalises homosexuality, will continue for
non-consensual and non-vaginal sex involving minors.
The Prime Minister had asked the Ministries of Home and
Health to resolve the differences over the issue and give a
comprehensive response to the Delhi High Court, which is
hearing a petition challenging arrests under the law.
Former Home Minister Shivraj Patil and former Health
Minister Anbumani Ramadoss had taken divergent stand on the
issue before the court.
Bureau Report