By Patrick B. Craine
NEW DELHI, September 2, 2009 (LifeSiteNews.com) – The Indian government seems to be prepared to accept a controversial court ruling that decriminalizes homosexual sex in the jurisdiction of Delhi, setting a precedent for the rest of India.
In July, the Delhi High Court declared unconstitutional an 1860 law against homosexuality that prohibited “carnal intercourse against the order of nature.” According to the court, the ban violates basic human rights.
The Supreme Court agreed in July to hear a petition seeking to repeal the ruling, though they chose not to implement a stay on the judgment in the interim.
The Supreme Justices indicated at the time that they would wait on the decision of the government. “Why not wait till government takes a definite stand and then we will decide,” they said.
The Prime Minister, Manmohan Singh, will not oppose the ruling, suggests the union law minister, as reported by the Indian network CNN-IBN. The Prime Minister is expected to follow the advice of a cabinet note, revealed by the network, that recommends the government indicate to the Supreme Court that they see no problem with the decision and let the Court handle challenges on its own.
The note states: “The correctness of the Delhi High Court judgement has been challenged in an appeal before the Supreme Court. The government may submit before the Supreme Court that there does not appear to be any legal error in the judgement and the Supreme Court may take a final view whether the judgement of the High Court is legally correct.”
Various religious groups have opposed the Delhi High Court ruling and will present their arguments to the Supreme Court later this month.
See related LifeSiteNews.com coverage:
Indian High Court Decriminalizes Homosexual Acts
https://www.lifesitenews.com/ldn/2009/jul/09070606.html
Indian Supreme Court Declines to Stay High Court Judgment on Homosexuality
https://www.lifesitenews.com/ldn/2009/jul/09072107.html