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HC order on gay sex may help government finalise its stand

PTI
Thursday, July 2, 2009 22:06 IST
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New Delhi: The Delhi High Court judgement legalising gay sex among consenting adults may help the government in finalising its stand on decriminalising the penal provision dealing with it but there was no indication as to what it proposes to do.

The government adopted a cautious approach and avoided any direct reply on what its next move will be following the Delhi High Court ruling.

"We need to examine the details of the judgement. Let me examine it," Union Law Minister Veerappa Moily said when asked about the government's move following todays judgement.

Sources in the Union Home Ministry said that a meeting between Home Minister P Chidambaram, Moily and Health Minister Ghulam Nabi Azad would be convened soon during which a final decision of repealing Section 377 of IPC or going in appeal against the High Court judgement would be taken.

Chidamabarm, during his interaction with mediapersons last evening, had said the Centre was open to bringing "new thinking" on the subject even though the conclusion was the "same".

But experts feel that the Court ruling could come as a big relief to government if it is intent on scrapping the 150 year old provision in the IPC. However, considering the sensitivity of the issue in view of the opposition from religious groups and others, the government may go slow or would prefer that the issue goes to the Supreme Court if some group approaches it.

Chidambaram had said Prime Minister Manmohan Singh had asked three ministers to discuss and take a view on the issue of repealing the section, which criminalises homosexuality.

"The meeting is being scheduled. We have a new government, we have new ministers, where we have been asked to take a look at it and they can always bring new thinking on the subject and we still reach the same conclusion. But nothing prevents them from bringing new thinking to the subject."

Sources said while Chidambaram and Moily are understood to be in favour of repealing the provision of the IPC, the response of Health Minister Azad is awaited.

Former Home Minister Shivraj Patil and former Health Minister Anbumani Ramadoss had taken divergent stand on the issue before the court.

Terming the matter as "serious", the High Court had directed the government to sort out the matter at the earliest.

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