SC Says No to Stay Delhi HC’s Order on Gay Sex
The Supreme Court has refused to stay for the interim Delhi High Court’s order that decriminalizes gay sex among consenting adults.
The apex Court said it would wait for the government to come out with a definite stand on the issue.
“We are not for stay as there is no threat of any consequences. We will hear the government, what is their stand,” a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said.
“Why not wait till government takes a definite stand,” the Bench said before posting the matter for September 14.
Informing the court of government’s stand, Attorney General G E Vahanvati said that the government has taken a stand but is going to reconsider it, for three ministries are involved in the matter.
The Attorney General said that the government is not in favour of the stay of the High Court order notwithstanding.
Vahanvati said that the government in fact took a stand right in the High Court and the judgment in the case was of limited nature concerning gay sex between consenting adults.
The apex Court refused to make any observation relating to the legitimacy of the gay marriages when a submission was made about it. The counsel opposing the High Court verdict wanted the court to say that such a marriage was not legitimate.
When a reference was made about Section 377 of the IPC, the Bench said, “Cases under Section 377 are registered only with regard to pedophiles. People are being convicted but it has nothing to do with gay marriages.”
The apex court had earlier issued notice to the Centre seeking its response on the petition filed by a Delhi astrologer challenging the High Court verdict.
Notices were also issued to Naz Foundation, the NGO, and other respondents who were parties before the High Court.
Astrologer Suresh Kumar Kaushal has sought quashing of the July two High Court judgment legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.
