29.2.12

SC raps Government on flip-flop

Contradicting its earlier stand, the government on Tuesday came out in support of decriminalisation of gay sex, drawing the ire of the Supreme Court which asked it not to make a “mockery” of the system. As the proceedings began in the controversial case, additional solicitor general Mohan Jain told the bench that there is “no legal error” in the Delhi high court verdict which had decriminalised gay sex in 2009. The stand taken by Jain, appearing for the Union health ministry, was contrary to the argument by additional solicitor general P P Malhotra, who had appeared for the home ministry and opposed decriminalisation of gay sex. The home ministry had, however,quickly distanced itself from Malhotra's submission. Taking a strong exception to the change in government's stand, the bench of Justices G S Singhvi and S J Mukhopadhaya pulled up the Centre and asked it to file affidavit within three days explaining the decision taken by the Cabinet on the issue.

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