Union Law Minister Veerappa Moily on Thursday said that the government will study and formulate an opinion on the Delhi High Court judgement legalising gay sex. The minister, although stopped short of clarifying government’s stand on the issue, said that all aspects of the Delhi HC judgement will be reviewed shortly. His reaction came shortly after the Supreme Court issued notice to the Centre on a petition challenging the Delhi High Court judgement legalising gay sex among the consenting adults. The apex court posted the matter for hearing on July 20.
The Bench headed by Chief Justice K G Balakrishnan said that any interim order against the High Court verdict, if necessary, will be considered only after hearing the parties concerned. Now the government will have to make its stand clear on the Delhi HC verdict suggesting ‘decriminalising’ homosexuality between two consenting adults.
The High Court, in a landmark verdict, legalised gay sex among consenting adults. The verdict had retained the penal provision for non consenting gay and homosexual acts involving minors. Notices were also issued to Naz Foundation, the NGO and other respondents who were parties before the High Court.
The court was hearing the appeal filed by Suresh Kumar Kaushal, an astrologer, against the July 2 verdict of the High Court. While mentioning the petition, the counsel, appearing for the astrologer, said that since the High Court verdict, there have been seven cases of gay marriages, and raised several questions, which, he claimed, were likely to affect the institution of marriage. However, the Bench said, "We have not changed the definition of marriage."
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