Indian govt. still confused to take a clear stand on “homosexuality”, hesitating to represent its arguments before the Supreme Court on Thursday.
The Supreme Court ire while Additional Solicitor-General PP Malhotra first told the court that same-sex relations were “highly immoral and against societal order,” only to have the government clarify later.
A strong criticism of the government for its failure to clarify its position on the 2009 Delhi high court (HC) verdict decriminalizing homosexuality is the main reason behind its volte-face and said it had not taken a stand on the issue.
The anti-gay rights activists and political, social and religious organizations has filed petition against govt.
On Thursday, A bench of justices GS Singhvi and SJ Mukhopadhaya was hearing petition of those who have opposed the HC verdict.
During a hearing, Malhotra in support of Health ministry counsel Mohan Jain, said, “Gay sex is highly immoral and against social order, and there is high chance of spreading diseases (like AIDS) through such acts.”
He demanded to make homosexuality a criminal offence to prevent child abuse because Indian society is largely against homosexuality. And Laws cannot run separately from society.
But a minute after the home ministry counter argument that no lawyer was asked to make such remarks. Refusing to take any position on homosexuality, the government’s lack of cohesive approach on the subject was exposed.
However when the case was being decided by the HC, the home ministry had maintained that this kind of sexual orientation was “against nature and spreads HIV”.
Therefore, over all act by the government on issue raised ire of SC that issued statement, govt. is speaking in two voices and slammed it for its failure to achieve unanimity on the issue.