SC must review Sec 377 ruling
Rivise Ruling on Gay Relationship
SC must review Sec 377 ruling – Allow gay relationships: Jaitley, Chidambaram (Amit Anand ChoudharyAmit Anand Choudhary, Nov 29, 2015, in Times of India.)
(Note: Finally it looks the political top brass in India is waking up to move with the global thinking on gay relationships. The Delhi high court was ahead of Supreme court in thinking. Catholic Ireland as a 
country voted for gay marriage after US brought legislation in its favor. Those opposing this liberalization were mostly the antiquated churchmen in the Rome Synod. Vehemently opposing were the African block. Among the Indian cardinals we are fortunate to have a progressive thinker in the person of Cardinal Gracias of Bombay, while others are tight lipped like a coconut on the fence. Either they don’t have or are incapable of taking a public stand. They clap hands with the majority to show they are with the Pope. So India has three people –two political personalities an one Cardinal — Jaitely, Chidambaram and Oswald Gracias of Bombay, with articulate views on Gay relationships. The question is if the Supreme Court will reverse the judgement it revered without losing face. james kottoor, editor)
NEW DELHI: Two top leaders of BJP and Congress on Saturday came out in support of gay rights, saying that the Supreme Court must reconsider its decision upholding Section 377 of the Indian Penal Code.
Speaking at the Times LitFest, finance minister Arun Jaitley and his predecessor P Chidambaram said the Supreme Court should not have reversed the Delhi high court order de-criminalizing consensual sex among gay adults. Jaitley said the SC's view was not in sync with the jurisprudential development on gay rights world over and added that the apex court must review its 2013 judgment to do away with the penal provision in Section 377 as far as gay relationships are concerned.
READ ALSO:
Govt worried transgenders bill could lead to scrap of Section 377
"When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court's view appears more acceptable," he said.
Jaitley is the first leader from the government to have supported de-criminalization of consensual sex among gay adults. Although he was speaking in his individual capacity, his comments may revive the debate on an issue which many right-wingers consider to be a taboo.
Speaking just afterwards, Chidambaram ,who was also speaking in his personal capacity, said that the Delhi High Court verdict decriminalizing gay sex was a wonderful one and the Supreme Court should have stayed with it.
The finance minister was also critical of the SC's judgment scrapping the National Judicial Appointments Commission (NJAC). He said this judgment too needed to be reconsidered. "This judgment meant that the CJI would virtually appoint judges and that elected representatives were not to be trusted on this issue. It's not a fair argument as elected bodies are basic part of the Constitution. The judgment needs reconsideration."
The Delhi High Court's 2009 judgment decriminalizing Section 377 to stop police harassment of adults of same sex having consensual sexual relationship in private was challenged in the SC by religious bodies. Shutting the small window for gay rights opened by the HC, the SC had in 2013 held that Section 377 providing punishment for gay sex was constitutionally valid.
The SC had in 2014 rejected petitions seeking review of its 2013 judgment. However, there still is a last theoretical chance for the SC to reconsider its 2013 judgment when it takes up curative petitions pointing out glaring legal infirmities in the verdict.NEW DELHI: Two top leaders of BJP and Congress on Saturday came out in support of gay rights, saying that the Supreme Court must reconsider its decision upholding Section 377 of the Indian Penal Code.
Speaking at the Times LitFest, finance minister Arun Jaitley and his predecessor P Chidambaram said the Supreme Court should not have reversed the Delhi high court order de-criminalizing consensual sex among gay adults. Jaitley said the SC's view was not in sync with the jurisprudential development on gay rights world over and added that the apex court must review its 2013 judgment to do away with the penal provision in Section 377 as far as gay relationships are concerned.
READ ALSO:
Govt worried transgenders bill could lead to scrap of Section 377
"When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court's view appears more acceptable," he said.
Jaitley is the first leader from the government to have supported de-criminalization of consensual sex among gay adults. Although he was speaking in his individual capacity, his comments may revive the debate on an issue which many right-wingers consider to be a taboo.
Speaking just afterwards, Chidambaram ,who was also speaking in his personal capacity, said that the Delhi High Court verdict decriminalizing gay sex was a wonderful one and the Supreme Court should have stayed with it.
The finance minister was also critical of the SC's judgment scrapping the National Judicial Appointments Commission (NJAC). He said this judgment too needed to be reconsidered. "This judgment meant that the CJI would virtually appoint judges and that elected representatives were not to be trusted on this issue. It's not a fair argument as elected bodies are basic part of the Constitution. The judgment needs reconsideration."
The Delhi High Court's 2009 judgment decriminalizing Section 377 to stop police harassment of adults of same sex having consensual sexual relationship in private was challenged in the SC by religious bodies. Shutting the small window for gay rights opened by the HC, the SC had in 2013 held that Section 377 providing punishment for gay sex was constitutionally valid.
The SC had in 2014 rejected petitions seeking review of its 2013 judgment. However, there still is a last theoretical chance for the SC to reconsider its 2013 judgment when it takes up curative petitions pointing out glaring legal infirmities in the verdict.NEW DELHI: Two top leaders of BJP and Congress on Saturday came out in support of gay rights, saying that the Supreme Court must reconsider its decision upholding Section 377 of the Indian Penal Code.
Speaking at the Times LitFest, finance minister Arun Jaitley and his predecessor P Chidambaram said the Supreme Court should not have reversed the Delhi high court order de-criminalizing consensual sex among gay adults. Jaitley said the SC's view was not in sync with the jurisprudential development on gay rights world over and added that the apex court must review its 2013 judgment to do away with the penal provision in Section 377 as far as gay relationships are concerned.
READ ALSO:
Govt worried transgenders bill could lead to scrap of Section 377
"When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court's view appears more acceptable," he said.
Jaitley is the first leader from the government to have supported de-criminalization of consensual sex among gay adults. Although he was speaking in his individual capacity, his comments may revive the debate on an issue which many right-wingers consider to be a taboo.
Speaking just afterwards, Chidambaram ,who was also speaking in his personal capacity, said that the Delhi High Court verdict decriminalizing gay sex was a wonderful one and the Supreme Court should have stayed with it.
The finance minister was also critical of the SC's judgment scrapping the National Judicial Appointments Commission (NJAC). He said this judgment too needed to be reconsidered. "This judgment meant that the CJI would virtually appoint judges and that elected representatives were not to be trusted on this issue. It's not a fair argument as elected bodies are basic part of the Constitution. The judgment needs reconsideration."
The Delhi High Court's 2009 judgment decriminalizing Section 377 to stop police harassment of adults of same sex having consensual sexual relationship in private was challenged in the SC by religious bodies. Shutting the small window for gay rights opened by the HC, the SC had in 2013 held that Section 377 providing punishment for gay sex was constitutionally valid.
The SC had in 2014 rejected petitions seeking review of its 2013 judgment. However, there still is a last theoretical chance for the SC to reconsider its 2013 judgment when it takes up curative petitions pointing out glaring legal infirmities in the verdict.
NEW DELHI: Two top leaders of BJP and Congress on Saturday came out in support of gay rights, saying that the Supreme Court must reconsider its decision upholding Section 377 of the Indian Penal Code.
Speaking at the Times LitFest, finance minister Arun Jaitley and his predecessor P Chidambaram said the Supreme Court should not have reversed the Delhi high court order de-criminalizing consensual sex among gay adults. Jaitley said the SC's view was not in sync with the jurisprudential development on gay rights world over and added that the apex court must review its 2013 judgment to do away with the penal provision in Section 377 as far as gay relationships are concerned.
Govt is worried transgenders bill could lead to scrap of Section 377. "When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court's view appears more acceptable," he said.
Jaitley is the first leader from the government to have supported de-criminalization of consensual sex among gay adults. Although he was speaking in his individual capacity, his comments may revive the debate on an issue which many right-wingers consider to be a taboo.
Speaking just afterwards, Chidambaram ,who was also speaking in his personal capacity, said that the Delhi High Court verdict decriminalizing gay sex was a wonderful one and the Supreme Court should have stayed with it.
The finance minister was also critical of the SC's judgment scrapping the National Judicial Appointments Commission (NJAC). He said this judgment too needed to be reconsidered. "This judgment meant that the CJI would virtually appoint judges and that elected representatives were not to be trusted on this issue. It's not a fair argument as elected bodies are basic part of the Constitution. The judgment needs reconsideration."
The Delhi High Court's 2009 judgment decriminalizing Section 377 to stop police harassment of adults of same sex having consensual sexual relationship in private was challenged in the SC by religious bodies. Shutting the small window for gay rights opened by the HC, the SC had in 2013 held that Section 377 providing punishment for gay sex was constitutionally valid.
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