The government on Tuesday drew flak from the Supreme Court for its volte face on the issue of homosexuality with a senior law officer saying there was no error in the Delhi High Court ruling decriminalising gay sex among the consenting adults.
This was in contrast to the previous stand taken by Additional Solicitor General P P Malhotra, who, appearing for the Union Home Ministry on February 23, had opposed the high court’s July, 2009 decision. The government had then rejected his stand and issued a press release to claim that the ministry had not taken any decision on the issue.
Taking a strong view, a bench of Justices G S Singhvi and S J Mukhopadhyaya directed Additional Solicitor General Mohan Jain, appearing for the Union Health Ministry, to file an affidavit within three days detailing the Cabinet’s decision as well as the Group of Ministers’ recommendation in the matter.
Jain submitted that as per the government decision there was no legal error in the HC verdict which had decriminalised gay sex. “Don’t make (a) mockery of the system. ASG Malhotra has already argued the case for more than three hours. Don’t waste the court’s time. You do not have to argue fresh... You are appearing for Health Ministry. Tomorrow someone may say that Jain was not authorised to argue the case. We do not want to embarrass you,” the Bench said.
“We noted down the arguments on behalf of Home Ministry so you say what the stand of the Health Ministry is. Can you change your stand from court to court?” the Bench asked.