In a historic show of commitment towards progressive ideals, the Narendra Modi led central government has virtually stated that it has no objection regarding the decriminalisation of homosexuality.
In its response to a writ petition filed in the country’s apex court challenging the provision, Modi government has categorically stated that it would leave the matter to the wisdom of the Court, Times of India has reported.
The five-member bench consists of CJI Deepak Misra, Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud, and Justice Indu Malhotra.
The central government is being represented by Additional Solicitor General Tushar Mehta whereas the Senior Advocates Mukul Rohtagi and Arvind Datar are representing the petitioners in this case.
The point number six in the petition filed on behalf of the Union of India by additional solicitor general Tushar Mehta states that:
“I state and submit that so far as the constitutional validity Section 377 to the extent it applies to ‘‘ constitutional acts of adults in private’’ is concerned, the Union of India would leave the said question to the wisdom of the this Hon’ble Court.”
However in the point seven of of the petition, the centre has not taken any other issue or rights into consideration. It thus asserted that if the supreme court would decide on any other issue besides section 377’s validity, it would have to file a counter petition owing to the far reaching ramifications.
As per the TOI report, the five-judge bench led by CJI Deepak Misra, in response to the petition stated that stated that it intends to rule- subject to arguments- that two consenting adults engage in ‘unnatural sex’ will not be liable for persecution for any offence. The bench hinted at the possibility of members of LGBT community being able to contest elections without any inhibition.