Last month I wrote about the Delhi High Court ruling that decriminalized homosexuality in India. Now, three Indian government agencies, after reviewing the High Court’s decision, has decided not to interfere with the ruling:
The government will not oppose the Delhi High Court judgment which legalised homosexual acts between consenting adults, official documents show.
The note, likely to be put up before the Union Cabinet on Thursday, was prepared after meetings between the Home, Health and law Ministries. It states there appeared to be no “legal error in the judgment, which has not struck down the entire Section 377 of the Indian Penal Code (IPC)”, given by the high court on July 2.
“Since the court has not struck down the entire section, and has confined itself to consensual acts in private, it will be difficult for the government to question the HC judgment,” the Law Secretary stated.
The three ministries decided to place it for the union cabinet’s approval, and let the Supreme Court “take a final view whether the judgment of the high court is legally correct or not”.
20. September 2009 at 7:05 pm
Recently the Indian Government formally told the Supreme Court that it will not interfere with the court case.
With this, the prevailing opinion is that the Indian government tacitly approves of the Delhi HC’s ruling. It cannot openly acknowledge it since that would invite the fury of a large section of Indian society. By leaving it to the court to legalize homosexuality, the govt. can be seen as impartial.
The upshot of all this is that it’s great news for the Indian Gay community. Indeed, the victory is not merely for gays but for every person in India who wants to do his or her own thing without harming others.