New Delhi: The government on Wednesday clarified
its stand on homosexuality before the Supreme Court, saying it
is in favour of decriminalisation of gay sex and the Delhi
High Court verdict is acceptable to it.
Attorney General G E Vahanvati justified the change
in the Centre`s stand on decriminalisation of gay sex, saying
that the government "learnt and subsequently got enlightened"
from the Delhi High Court verdict.
Vahanvati, who was yesterday asked by a bench of justices
G S Singhvi and S J Mukhopadhaya to clarify the government`s
stand on the issue, said there is no legal error in the high
court judgment and "it is acceptable to us (government)".
The bench then queried whether the affidavit filed in the
high court by the Home Ministry, opposing gay sex, was wrong.
Vahanvati then replied that the government learnt from
the HC verdict and took the stand that criminalisation of gay
sex is in violation of Fundamental Rights of homosexuals.
"When we read the judgment, we learnt from it and
subsequent enlightenment," Vahanvati told the bench, adding,
the "government accepts correctness" of high court judgment
and didn`t file appeal against it.
He also said that the recent goof up in the apex court
where Additional Solicitor General P P Malhotra opposed gay
sex was a result of lack of communication between the law
officers and the Home Ministry.
PTI
