ManagementSC declines stay on HC verdict on homosexuality
The Supreme Court today declined to pass an interim order to stay the Delhi High Court verdict legalising gay sex among consenting adults.
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The apex court said it will wait for the government to come out with a definite stand on the issue.
"We are not for stay as there is no threat of any consequences. We will hear the government, what is their stand," a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam said.
"Why not wait till government takes a definite stand," the Bench said before posting the matter for September 14.
Attorney General G E Vahanvati said that the government has taken a stand and it will reconsider it again as three ministries are involved.
He added that it was not in favour of the stay of the High Court order.
Vahanvati said that the government has taken a stand in the High Court and the judgement was of limited nature concerning gay sex between consenting adults.
The apex court refused to make any observation relating to the legitimacy of the gay marriages when a submission was made about it.
The counsel opposing the High Court verdict wanted the court to say that such a marriage was not legitimate.
When a reference was made about Section 377 of the IPC, the Bench said, "Cases under Section 377 are registered only with regard to paedophiles. People are being convicted but it has nothing to do with gay marriages."
The apex court had earlier 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 has 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 upto life imprisonment.