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Govt. unlikely to oppose HC ruling on gay sex

Wednesday, September 02, 2009 11:55:30 AM, Agencies


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New Delhi: If the officials documents are to be believed, the government is unlikely to oppose the Delhi High Court (HC) verdict legalising the homosexual acts between consenting adults.


The note expected to be put up before the Union Cabinet on Thursday, prepared after a series of meetings between the home, health and law ministries, states that there appeared to be no "legal error in the judgment given by the court on July 2, which has not struck down the entire section 377 of the IPC".


The three ministries had been directed by the Prime Minister to firm up the government stand, following the opposing stands taken by the home and health ministries before the high court last year.


The fresh government note, portrayed as the unanimous view of the three ministries is learnt to have been prepared on the basis of the opinion given by Union Law Secretary, T. K. Vishwanathan. "Since the court has not struck down the entire section, and has confined itself to private consensual acts in private, it will be difficult for the government to question the HC judgment," the law secretary stated.


The Union Government is yet to inform the Supreme Court (SC) of its stand on Section 377 and the HC judgment. However, the Centre has already told the SC that it doesnít want a stay on the verdict. The Supreme Court had issued notice to the government to submit  its stand on the HC ruling before September 14 when the apex court will hear the petition once again filed by number of individuals, including yoga guru Swami Ramdev.


Earlier, during hearing of the case before the HC, while the Ministry of Home Affairs (MHA) strongly opposed any move to dilute Section 377, the Health Ministry took the opposite stand, supporting the contention of the petitioner that consensual, same-gender sex be decriminalised. The Law Ministry supported the MHA. Worried over the widening chasm between the ministries over the controversial issue, Prime Minister Manmohan Singh had led the Cabinet in asking the three ministers to sit together and resolve their differences.









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Assigning gay marriage legal status is a sign of total disregard of the family institution and the upholding of instincts of depravity and degenerate activities. It would have been better for such people to embrace celibacy or then to channelize themselves to improving the lot of the world. God knows there is enough sorrow which needs to be addressed. While one can probably argue into infinity about the merits or demerits of such relationships, the fact remains that same sex marriages are a hoax, to say the least. All religions have condemned gay sex and there are strong reasons for it. Critics may plead that to prevent or protest against negative behaviors is an infringement of the individual's right to freedom. But the individual's freedom ends where another individual's freedom begins. The question is: How has the government managed to pass this bill in the face of a conservative society like India's? And secondly, why?


Ozma Siddiqui


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