NDTV has learnt that the government will not oppose decriminalising gay sex in the Supreme Court.
NDTV has exclusive information that in a note prepared by the Cabinet, the government will tell the Supreme Court that it doesn’t find any legal error with the Delhi High Court ruling that read down section 377, decriminalising homosexuality.
It goes on to say that the government leaves it to the Supreme Court to take the final decision on the High Court’s judgement, which said the consensual gay sex is legal.
The decision comes after a landmark judgement by the Delhi High Court that decriminalised consensual gay sex.
This is a radically different view that the Home Ministry had taken before the High Court order. Earlier, the Ministry of Home Affairs had said that any deletion of the section 377 could open the flood gates of delinquent behaviour.
The Health Ministry however had taken a divergent view supporting Naz Foundation, saying the fear of harassment and abuse by law enforcement agencies and the police prevents gays from having safe sex, and therein leading to the HIV/AIDS.
The matter comes up in the Supreme Court on September 14.