Fridae

The India government today clarified its stand on gay sex, telling the Supreme Court it is in favour of decriminalisation and does not object to the Delhi High Court verdict. 

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's 2009 verdict. 

When asked about whether the affidavit filed in the high court by the Home Ministry, opposing gay sex, was wrong, Vahanvati 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. 

In its first appearance in the case on February 23, the government had put forward the argument that the homosexuality was highly "immoral" and "against the social order".

On the same day the Home Ministry distanced itself from its court representative’s statement that homosexuality is “immoral” and clarified that it has decided not to challenge the Delhi High Court's 2009 decision to decriminalise homosexuality.

The Supreme Court is currently hearing a batch of 16 appeals challenging the 2009 Delhi High Court verdict.