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    Gay sex: SC slams govt for U-turn

    IANS India Private Limited – Thu 23 Feb, 2012

    In an embarrassing volte face on Thursday, the government first disapproved decriminalization of gay sex - calling it 'highly immoral - and then sought to completely distance itself from the issue, leading to sharp criticism from the Supreme Court.

    Earlier in the day, Additional Solicitor General P P Malhotra, who appeared for the Union Home Ministry, said that gay sex is against the Indian social order. He argued that such liberal practices that were practiced in the Western nations should not be allowed to prevail in India.

     
    "Gay sex is highly immoral and against social order and there is high chance of spreading of diseases (like AIDS) through such acts," Malhotra said, arguing before the Supreme Court bench presided over by Justices S J Mukhopadhaya and G S Singhvi.

    No sooner had the media reported that the government had dubbed gay sex 'immoral', than a host of pro-gay activists and civil society members slammed the government's stand.

    With protests rising, the Home Ministry quickly did a U-turn and distanced itself from the Additional Solicitor General's argument. In a hurriedly drafted statement, even while court proceedings were still on, the Home Ministry said that it had not taken any position on the Delhi High Court order that decriminalized homosexuality.

    The statement said: 'The Ministry of Home Affairs has not taken any position on homosexuality. The Ministry of Home Affairs has also not given any instruction apart from conveying the decision of the Cabinet.'

    Explaining further, the statement said that the Attorney General had been only instructed to assist the Supreme Court in the matter. It also said that the matter had been discussed by the Cabinet and it had been decided that the government will not appeal against the Supreme Court judgement on the issue.

    As soon as Additional Solicitor General Malhotra completed his argument in the Supreme Court, slamming gay sex, another ended his submissions after nearly four-hour proceedings, another Additional Solicitor General, Mohan Jain, submitted before the apex court that he had been instructed by the government to inform that the central government will not be taking any stand on the controversial issue.

    This sudden and last-minute turnaround drew sharp reaction from the bench, which took strong exception to the government's stance.

    The court said that the government has already advanced its arguments and that the SC would not take cognizance of the last-minute instructions.

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    13 comments

    • manimaran
      manimaran  •  Chennai, Tamil Nadu  •  3 months ago
      When so many gays are in congress headed by gay rahul and his team chidambaram singhvi manish kapil digvijay u turn must
      • S.J
        S.J 3 months ago
        Dont drag the issue politically.
        It is a society issue and one day u will also get affected.
      • manimaran
        manimaran 3 months ago
        s.j. pudhiko maaro
    • mani
      mani  •  Santa Clara, United States  •  3 months ago
      Whom can you trust ? Malhotra or Mohan Lal Jain. Please follow the policy of "Never ask Never tell" But HS was prevalent from time immemorial and will continue to be so.So long as they do not perform publicly like man and woman for modesty leave people's personal life in private and ban thepublic expression
    • Divakara
      Divakara  •  Kolkata, West Bengal  •  3 months ago
      Once again it is proved beyond all doubts that all Congress mafia govtt's servants including their SGs with different labels have very low IQs and no shame!
    • Mann_4u
      Mann_4u  •  Singapore, Singapore  •  3 months ago
      Maa da laadala bigad gaya..
    • Bhartiya
      Bhartiya  •  New Delhi, Delhi  •  3 months ago
      The Government is to take stand for moral issues. Come what may...But Since Congress is to rule as such they are concerned about Votes and as such they have no MORAL VALUES....JAI BHARAT
    • S.J
      S.J  •  Chandigarh, Chandigarh  •  3 months ago
      Homosexulaity is a mental disease.
      You cannot simply do what you feel is right, there is a natural law to which we all are bound to.
      What is the result of this homosexulaity, Nothing!!!!!
      Only there will be more vulgarity, shameless society and one day we will end up generation-less.
      It is a "SIN", and can only understood by the person who has the intellect to think.
      Why dont you allow to make the robbery as a common and legal thing as the person who is doing feels it as right thing to get money, and there are so many others acts that are in queue.
      its not that what we feel to do is correct, its actually to do what our creator wants us to do and thats the way it is correct.
      • justin
        justin 3 months ago
        nice twist .. its about gay sex not about goons wanting to rob u no gay will ever rape u ... like str8 guy do ... no sane gay guy will ever tease ur wife or ur sister .... eve teasing raggin all this issues r still pending but no gay sex is immoral our history also had them ... rajas and the mugals thast tym it was not immoral ... but now that we r educated it becums immoral and un natural wow
      • Rajesh
        Rajesh 2 months ago
        SJ, your brain is filled with GOBAR!

        U yourself are suffering from mental disease!

        It's obvious u no nothing about the issue.
    • Kishore
      Kishore  •  3 months ago
      Homosexuality is the most horrid thing I've come across and it makes me sick to my stomach. The govt is absolutely correct in criminalizing it in our beautiful historic country. We already have so many issues, must we need more AIDs patients in the hospitals? And for all you people who proudly say homosexuality is natural and science has proved it, shut up! It is still a disputed theory among the scientists around the world, none of them have given a clear chit. Please do your research! No one is of higher authority then God
      • Rajesh
        Rajesh 2 months ago
        Kishore , your brain is filled with GOBAR!

        It's obvious u no nothing about the issue.

        Your rantings are all misplaced!
      • Kishore
        Kishore 2 months ago
        Hahahha I don't know in what language Gobar means! But it's certainly not English although I don't care. I don't need bullshit from a random stranger on the Internet, it seems he knows me so well and he is quick to judge. Great! What people we have in our country
      • justin
        justin 2 months ago
        hey kishore even u live in this country so dont pass comments if the issue of gays make u sick to ur stomach then dont poke ur nose in and being gay is not the only thing that brings AIDs and HIV ..... unprotected sex brings it even goin to a sex worker and having sex can bring it to u .... which happends to uneducated ppl ... so stop blaming gay ppl for AIDS its like a very old reason and urs and mine country INDIA 's History also has gay in them .. read ur books properly .. may be u skipped a few chapter ... in ur history books ... so random guy like u has the right to post ur coment but no else does ...
    • rajeev
      rajeev  •  Udaipur, Rajasthan  •  3 months ago
      without practical experience how can the govt take a stand?
    • Kavya
      Kavya  •  3 months ago
      Homosexuality is against nature and it's disgusting, but that's just my personal opinion. However, the govt cannot ban homosexuality because it does not harm others and if two people are willing to have sex, it's none of the third party's business.
      • Aryan
        Aryan 3 months ago
        Dear kavya, gays, lesbians or straight it is all because of genetics which come by birth of the child, nothing is gross or as u said disgusting if there is love, I'm straight but all I say everyone has the right to love and it might be gross 4 us but 4 gays or lesbians it's all natural...
      • DABOMB
        DABOMB 3 months ago
        Kavya, we find you against nature and disgusting, but we'll let you survive.
      • Just Me
        Just Me 3 months ago
        Spoken just like the no brainers in the article. Homosexuality is not against nature, it is our skewed social views that have made people look at it as immoral. Science education is so required for people like you and the government. Oh wait! the people in the government need some basic education to begin with!
    • Hawala
      Hawala  •  3 months ago
      Rahul is GAY!!!...
      • Edwin
        Edwin 3 months ago
        Who is Rahul?
      • rajeev
        rajeev 3 months ago
        how r u so sure ?
      • Just Me
        Just Me 3 months ago
        And so are you!
    • justin
      justin  •  Pune, Maharashtra  •  3 months ago
      how naive can the govt be .. with this time and age where sex education is given in schools and claiming that only being gay or having gay sex spreads AIDs /HIV..... how foolish ..... being gay is a choice that ppl make and as a free country we shd let them be happy and gay ......
    • Rajesh
      Rajesh  •  Bhubaneswar, Orissa  •  3 months ago
      The reaction of Ministry of Home Affairs suggests that it’s still living in the 18th century! It has not yet matured to deal with homosexuality in a normal manner.

      Such utterly idiotic attitude exposes a cultural truth in India: When it comes to sexual matters there is a great deal of BRAINLESS displayed by all concerned.
    • Vijay Kumar
      Vijay Kumar  •  3 months ago
      Decriminalize and professionalize all forms of sex.
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