The Centre has made a strong case for review of the Supreme Court’s ruling re-criminalizing consensual gay sex between adults, saying it was time India trashed a British-imposed archaic sodomy law that breaches the privacy of the LGBT community, punishing its members for their sexual preference.
The government’s review petition, settled by its top law officer, attorney general G E Vahanvati, was unusually sharp in its criticism of the December 11 judgment of Justices G S Singhvi and S J Mukhopadhaya when it said the SC had failed in its constitutional duty to protect the LGBT community’s fundamental rights.
The petition, which matched the 98-page order in length, was also refreshingly frank in expressing solidarity with the LGBT community when it said, “Section 377 criminalizes the only form of sexual expression, that is penile-oral or penile-anal sex, of homosexual men and transgender/hijra persons. The judgment strikes at the root of the dignity and selfworth of homosexual men and transgender/hijra persons. The Supreme Court has not addressed this issue at all despite a clear finding from the Delhi high court on the same.”
The government’s review petition, settled by its top law officer, attorney general G E Vahanvati, was unusually sharp in its criticism of the December 11 judgment of Justices G S Singhvi and S J Mukhopadhaya when it said the SC had failed in its constitutional duty to protect the LGBT community’s fundamental rights.
The petition, which matched the 98-page order in length, was also refreshingly frank in expressing solidarity with the LGBT community when it said, “Section 377 criminalizes the only form of sexual expression, that is penile-oral or penile-anal sex, of homosexual men and transgender/hijra persons. The judgment strikes at the root of the dignity and selfworth of homosexual men and transgender/hijra persons. The Supreme Court has not addressed this issue at all despite a clear finding from the Delhi high court on the same.”
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