Law Minister H R Bhardwaj refused to comment on any aspect of a matter related to gay sex pending in the Delhi High Court.
NEW DELHI: Law Minister H R Bhardwaj on Sunday refused to comment on any aspect of a matter related to gay sex pending in the Delhi High Court, before which the Union Home Ministry and the Health Ministry have filed conflicting affidavits on the issue.
Asked if the Home Ministry's stand against decriminalising gay sex among consenting adults would prevail over the Health Ministry's suggestion to relax the legal provisions under IPC section 377, Bhardwaj said "It's a subjudice matter, I cannot comment."
Prime Minister Manmohan Singh last week had also asked the two ministries to sort out differences.
During the court hearing earlier, the government counsel had said that the Home Ministry was not in favour of tampering with the provisions which prescribes punishment for homosexual acts.
The ministry said that the purpose of section 377 was to provide a healthy environment in the society by criminalising unnatural sexual activities which are against the order of nature.
On the other hand, the National Aids Control Organisation (NACO), which comes under the Health Ministry, said in its affidavit that it did not favour the enforcement of penal provisions against consenting homosexual adults which declares such acts as an offence punishable upto life imprisonment.
Describing the matter of amendment of Legal Services Authorities Act as a ticklish issue, he said the Bar and the Bench should hold discussions for achieving the objectives on the role of bar in the justice delivery system and legal aid.
His remark came in the context of Bar Council of Delhi members and senior advocates seeking a greater role for bar in justice delivery system and legal aid.
Earlier, Justice Dalveer Bhandari of Supreme Court talked upon the Bar's responsibility to improve the quality of education and said granting of affiliation to law colleges by the Bar should be done with care.
Another apex court judge, Justice M K Sharma said there was a need to improve the justice delivery system in terms of quantity of justice as there has been a huge arrear of cases in courts.
He blame lack of infrastructure to meet the requirements of new legislations which are brought in without setting up adequate facilities to handle the rush of cases under new laws.
He pointed to the Negotiable Instruments Act under which almost six lakh cases are pending in Delhi alone.
Chief Justice of Delhi High Court, Justice A P Shah, regretted that at times the Bar passes resolutions that lawyers would not represent accused in terror cases or sex-related cases as these resulted in creating obstacles in administration of justice.
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