Court's decision to criminalise gay sex needs reconsideration: Jaitley

Union Finance Minister Arun Jaitley on Saturday said that banning gay sex is not in accordance with evolving legal jurisprudence and court must reconsider its decision. 

Court's decision to criminalise gay sex needs reconsideration: Jaitley

New Delhi: Union Finance Minister Arun Jaitley on Saturday said that banning gay sex is not in accordance with evolving legal jurisprudence and court must reconsider its decision. 

While speaking at Times LitFest Jaitley, who is also an eminent lawyer, said future generations will have to see that the verdict criminalising consensual gay sex "are reconsidered".

On NJAC:

Continuing his criticism of the quashing the NJAC Act, Jaitley said doctrine of basic structure, including elected government and parliament's sovereignty, cannot be "dismantled" to save only independence of judiciary and favoured reconsideration of the verdict.

Also Read: Basic structure can't be dismantled to protect only judiciary independence, says Jaitley

"Of course, I have been vocal in my comments about recent judgement on the NJAC. I think at some stage in future, we need to reconsider it. When the law says that the President shall appoint (judges) in consultation with the Chief Justice, to say that this law actually means that the Chief Justice will appoint virtually without consulting anyone, is the opposite of what the Constitution says," said Jaitley.

He said in a democracy, where independence of judiciary, is a part of basic structure but so is the elected government and an elected parliament, "you can't dismantle all other basic structures just to protect one. I think you require reconsideration," added Jaitley.

On reservation: 

"Reservations in job and education for tribal people and others should continue till the time the deprived section of the society do not come on par with others."

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