Court rejects Delhi's move against gays
New Delhi: The Supreme Court on Tuesday rebuffed an attempt by the government to distance itself from submissions made by Additional Solicitor-General P.P. Malhotra that homosexuality was immoral.
An apex court bench of Justices G.S. Singhvi and S.J. Mukhopadhyay said it could not accept new submissions of the government that there was nothing wrong with a Delhi High Court verdict striking down Section 377 of the Indian Penal Code relating to gay sex.
Additional Solicitor-General Mohan Jain, who appeared for the health ministry yesterday said: "There does not appear to be any legal error in the Delhi High Court judgement and the Supreme Court may take a final view whether the judgement of the High Court is legally correct or not correct."
Malhotra, who had appeared for the home ministry, told the court last week that homosexuality was immoral and contributed to the spread of HIV. But hours later, the ministry issued a statement stating the government had not taken any position on banning homosexuality.