Fearing severe backlash from religious-right conservatives, the government has decided to avoid consenting on the decriminalization of gay sex by the Delhi High Court.
On Thursday, following a union cabinet chaired by Prime Minister Manmohan Singh, it was decided that the government would remain mum on the gay issue, leaving the Supreme Court to decide for itself the final verdict.
“The Cabinet decided to ask the Attorney General to assist the Supreme Court in every way desired by it in arriving at an opinion on the correctness of the judgment of the High Court,” Information and Broadcasting Minister Ambika Soni said after the meeting.
The Delhi High Court earlier on July 2 legalized gay sex among consenting adults, amending Section 377 of the Indian Penal Code.
The verdict, however, was challenged in the Supreme Court by various religious groups, including Christians. But, the Supreme Court refused to stay the HC order and said it would wait for a response from the government.
Later, the government set a Group of Ministers comprising P. Chidambaram (Home), Ghulam Nabi Azad (Health) and M. Veerappa Moily (Law) to deliberate and sum up its opinion. Subsequently, the government decided to not oppose the decriminalizing of gay sex. But, fearing backlash it still has not made any any direct conclusion in the controversial subject.
Meanwhile, the UNAIDS welcomed the cabinet's decision and said it was a right step in the fight against HIV and AIDS.
“Let us be clear on exactly what removing the coercive and penal laws suppressing homosexuals’ rights means — free discussion can be had with people who are at much higher risks of HIV infection; sex between men will not be driven underground and away from the services which are needed to protect health and preserve well-being; and government and NGO clinics can provide openly services geared towards homosexuals,” an UNAIDS statement said.
The next hearing on the matter would be on October 1
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