Legalising gay sex: SC declines to stay HC order

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Legalising gay sex: SC declines to stay HC order

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New Delhi:  The Supreme Court, on Monday, declined to stay Delhi High Court order decriminalising homosexuality and gave the government six weeks to file its reply on its stand on Section 377.

The government is already in a fix over the Delhi High Court verdict as it remains undecided about its stand in the Supreme Court.

While the Centre remained non-committal about its stand on the High Court verdict, it has been opposed by different sections of society, including religious leaders of all communities.

Earlier, the apex court had issued notice to the Centre seeking its response on the petition filed by a Delhi astrologer challenging the High Court verdict.

Notices were also issued to Naz Foundation, the NGO and other respondents who were parties before the High Court.     

Astrologer Suresh Kumar Kaushal had sought quashing of the July 2 High Court judgement legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.

The petitioner contended that homosexual acts, by all standards, were "unnatural" and could not be permitted.

Law Minister Veerappa Moily had said that a three-member ministerial group has been tasked with looking at all aspects of the verdict.

The High Court verdict, widely welcomed by gay activists, sparked off a controversy with several political leaders asking the government to appeal against it in the Supreme Court.

Story First Published: July 20, 2009 13:35 IST

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