Supreme Court pulls up Centre for failing to appeal in gay sex row

The Supreme Court (SC) put the central government in the dock on Wednesday for filing appeals in innocuous matters, such as denying increment to an employee, but not in important public issues, such as legalising consensual sex among two adult gays or lesbians.

A bench of justices Markandey Katju and AK Patnaik was irked when the central government strenuously pleaded for quashing a high court order allowing increment to railway employee R Burdee, who retired 21 years ago in 1989.

“If a poor retired man is seeking one increment, why are you so determined to deny him? Should you come to the Supreme Court for this?” the judges remarked.

“Is this the way the Union of India behaves? What’s your problem if a retired employee is directed an increment,” the anguished bench asked additional solicitor general PP Malhotra.

“Should you come to the Supreme Court for such purpose? On an
important issue like gay sex you haven’t filed an appeal,” the judges said.

“This court is meant for deciding important questions of constitution and fundamental rights. You do not file appeals on such important issues. You did not file appeal against the Delhi high court verdict on gay sex,” the court said.

“People should change. The authorities must change. This is not the way the Union government should behave,” it said and rejected the Centre’s appeal, thus helping the aged retired employee.