The Supreme Court on Monday said the Delhi High Court’s Jul 2 ruling would remain in effect although two parties have filed separate petitions to have the 148-year-old, colonial-era law reinstated.
The high court ruling has been challenged by an astrologer and a yoga guru. Astrologer Suresh Kaushal has argued that India's ancient scriptures and values do not permit homosexuality and argues that the recent court judgement would lead to the spread of HIV and AIDS. Yoga guru Baba Ramdev has meanwhile argued that homosexuality is a disease “curable” through yoga.
The Supreme Court said it would wait for the government to come out with a definite stand on the issue.
"We are not for stay as there is no threat of any consequences. We will hear the government, what is their stand," a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said.
The hearing on the petition will start on September 14.
Attorney General G E Vahanvati said that the government has taken a stand and it will reconsider it again as three ministries are involved.
According to the Indian Express on Wednesday, Law Minister M Veerappa Moily has told the government that it’s difficult to fault the High Court's judgment and does not support a suspension of the verdict while the petitions are heard in the Supreme Court. The same newspaper also revealed that Law Secretary T K Vishwanathan has said in a report to the law minister that there are "no sufficient grounds on the basis of which an appeal could be maintainable in the Supreme Court."
While the Delhi High Court ruling is binding in Delhi also known officially as the National Capital Territory of Delhi (NCT), a Supreme Court ruling will be applicable across the country.