Decriminalization of Gay Sex: Home Ministry Has not Taken Any Position

By W Rorrkychand Singh: Subscribe to W's

February 23, 2012 6:41 AM EST

After some sections of TV news media reports on Thursday about Home Ministry's opposition to the decriminalization of gay sex as "immoral," the ministry has clarified that it has not taken any position on homosexuality.

"Ministry of Home Affairs has not taken any position on homosexuality as is being reported in the media (Television channels)," said a statement by the Ministry on Thursday.

Further the statement also mentioned that after the judgment of the High Court, New Delhi, decriminalizing homosexuality was delivered, the matter was considered by the Cabinet.

The decision of the Cabinet was that Central Government may not file an appeal against the judgment to the Supreme Court; however, if any other party to the case prefers an appeal, the Attorney General may be requested to assist the Supreme Court to examine the matter and decide the legal questions involved, it added.

Opposing Delhi High Court's judgment on July 2, 2009, to amend Section 377 of the Indian Penal Code (IPC) (sexual activity against the law of order of nature) and decriminalization of homosexuality in private and in between consenting adults, the Home Ministry appealed the Supreme Court on Wednesday.

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On Thursday, at a Supreme Court hearing, the counsel for the Home Ministry, Additional Solicitor General (ASG) PP Malhotra opposed the landmark verdict of Delhi High Court stating that, "Our moral and social values are different from other countries and we cannot be guided by them," Reuters was quoted as saying by the Ministry's counsel in the Supreme Court.

He also added that our Constitution is different and our moral and social values are also different from other countries, so we cannot follow them.

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