New Delhi: A divided Union Cabinet on Thursday formally announced its decision not to challenge Delhi High Court order legalising homosexuality before the Supreme Court.
The Cabinet, chaired by Prime Minister Manmohan Singh, decided to play it safe after some senior members expressed reservations about the political impact of legalising gay sex and decided to leave a decision on article 377 to the Supreme Court, which will hear the case on October 1.
Addressing a press conference in New Delhi after the Cabinet meeting Union Information and Broadcasting Minister Ambika Soni said that the Cabinet considered the report of the three-member Group of Ministers and decided that Attorney General of India Goolam E Vahanvati will "assist" the Supreme Court in the case.
"The government has taken a firm decision after considering the panel report. The Cabinet decided that the Attorney General should assist the Supreme Court in every way desired by the court to come at an opinion in judging the correctness of the Delhi High Court order," said Soni.
She said the Supreme Court would decide if the High Court was "right or not" in decriminalising homosexuality.
Even though some Cabinet members expressed reservations supporting gay rights law but the Cabinet refused to take a stand on the controversial issue.
The three-member committee comprising Union Home Minister P Chidambaram, Health Minister Ghulam Nabi Azad and the Law Minister M Veerappa Moily had decided not to oppose the Delhi High court judgement
Vahanvati had already told the Supreme Court that government would not oppose Delhi High Court order and he will assist the apex court on Section 377 of Indian Penal Code relating to homosexuality.
The Attorney General will leave the decision to the Supreme Court when it hears the petition against the High Court order on October 1.
Gay rights activists and lawyers are relieved that the government decided against opposing the High Court order. They say they are hopeful that the safe stand will help their case in Supreme Court.
The Law Minister had already submitted a report to Prime Minister Manmohan Singh on decision arrived by the three-member panel.
But reservation among some ministers like Union Minister of Overseas Indian Affairs Vayalar Ravi remained.
Earlier, in an interview to CNN-IBN Moily had said that the government was impressed by the recent Delhi High Court order legalising homosexuality.
"One thing must go to the credit of the Delhi High Court judgement. It is well documented, well researched. I must tell the judges... the subject may be different, but at the same time this is one judgement which has really stood out in the judicial annals of this country," Moily said.
When asked if the judgement was well researched and well argued, Moily replied, "Well documented, well argued."
The Delhi High Court had passed an order about two months back legalising sex between consenting gay partners, earlier considered a criminal act under Section 377 of the IPC.
However, the ruling has been opposed by many religious bodies.
A Christian organisation, a disciple of Yoga Guru Ramdev and Delhi Commission for Protection of Child Rights (DCPCR) have approached the Supreme Court which sought the government's response by October 1.
The Supreme Court had earlier refused to stay the High Court order, saying it would await the response of the government.
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