Apex court reserves verdict on anti-gay sex petitions

New Delhi, March 27 (IANS) The Supreme Court Tuesday reserved its verdict on a batch of petitions challenging the Delhi High Court's judgment decriminalising consensual sex among adults of the same gender.

The apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhaya reserved the verdict on the conclusion of the arguments that had spread over many weeks. The hearing witnessed flip-flops on the part of the home ministry on its stand on the Delhi High Court judgment.

The hearing also witnessed the court taking exception to the central government's neutral stand. The court described the central government's position as a new phenomenon.

The union cabinet decision of Sep 17, 2009 said it considered the recommendations of the Group of Ministers and decided to request the Attorney General to assist the Supreme Court in arriving at an opinion on the correctness of the judgment of the Delhi High Court.

The court had March 20 this year asked Attorney General G. Vahanvati to assist the court in the hearing of the plea challenging the high court verdict.

The high court by its July 2, 2009 ruling held that Section 377 IPC, in so far it criminalized the consensual sexual acts of adults in private, was violative of article 21, 14 and 15 of the constitution.

The provision of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.

The high court also clarified that by 'adult' "we mean everyone who is 18 years of age and above. A person below 18 would be presumed not to be able to consent to a sexual act".

The high court had July 2, 2009 decriminalized Section 377 in respect of sex between consenting adults.

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