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Govt promises to take steps in Homosexuality
Dec 13, 2013

The Government promised urgent steps to overturn the Supreme Court ruling declaring homosexuality as illegal amid indications that it could file a curative petition in the apex court.

Government of India will have to change the law, if the Supreme Court has upheld that law.  Government will use all means available to make changes at the earliest.

Whether government could bring a legislation to amend section 377 of the IPC, at this stage Government must decriminalise adult consensual relationships and the court should have applied "current social and moral values" in the case. The government could also file a review or curative petition and that the matter should be heard by a five-bench judge.

The Delhi High Court judgement was a well-researched one which the Union government accepted and did not challenge in the Supreme Court.

The Government  did not amend section 377 while amending the rape laws in the wake of Delhi gang-rape incident because the High Court judgment laid down section 377 only in a limited manner. They decriminalised homosexuality only among consenting adults and in private. Therefore, there was no need to amend section 377...section 377 can remain, because between two non -consenting adults it still remains a crime. So, there was no occasion to amend the section. And the amendment of the section was necessary only after the final announcement of the judgment. The case was pending in the Supreme Court and there was no occasion to amend it.

The millions of people are effected by the judgement.

The 21st century archaic laws of the nature that are reflected in section 377 should stay as part of the penal code. These laws must be reversed and contemporary world do not accept the values of the 19th century.


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