SC verdict must be respected by government: Sibal



It is the Supreme Court's prerogative to test the constitutionality of the law and their verdict on homosexuality as an offence must be respected by the government, Law Minister Kapil Sibal said Wednesday.



"It is the prerogative of the Supreme Court to judge the constitutionality and validity of the law. The opinion of the Supreme Court must be respected by the government. They have exercised their prerogative now, we shall exercise ours," Kapil Sibal told reporters outside parliament.



Supreme Court Wednesday held that consensual sex between adults of the same gender is an offence as it set aside the Delhi High Court verdict of 2009. The Delhi High Court had decriminalised sexual relationship between adults of the same gender under Section 377.

Questions of morality or religion are not the issue. How can a lifestyle choice be illegal? SC removes red lights for equality yet not #377 December 11, 2013

I am ashamed. #377 there is nothing more frightening than the revelation that the guardians of democracy have turned undemocratic. Dia Mirza (@deespeak) December 11, 2013

The Supreme Court judgement on Article 377 is a step backwards towards barbarism and medievalism. December 11, 2013

"@kundanpatidar:Country run by 99% mejority think if gay is ligal sex with animal will be legal tomorrow" and sex with bad spellers? legal? Chetan Bhagat (@chetan_bhagat) December 11, 2013

Naz India joins a shameful list of cases where SC has removed rights given by a lower court... This decision will ruin many lives.. Celina Jaitly (@CelinaJaitly) December 11, 2013

sex and indians. nothing brings out our hypocrisy better. Chetan Bhagat (@chetan_bhagat) December 11, 2013

Retiring judges are the most dangerous species known to man. Rofl Indian (@Roflindian) December 11, 2013

Really grateful to the Supreme Court for not declaring homosexuality a disease & referring an entire community to Baba Ramdev. #Sec377 Kamakaze????????? (@kamleshksingh) December 11, 2013

On a human rights issue, the Supreme Court has chickened out. #Sec377 #GaySex Ruchica Tomar (@ruchicatomar) December 11, 2013

Way back in 2006 I spoke up to decriminalize #Sec377 along with Amartya Sen, Vikram Seth, Shyam Benegal & others | http://t.co/zQVLPV2LgI Derek O'Brien (@quizderek) December 11, 2013

Here comes the flood of tweets on homosexuality that tweeters think are defiant and rebellious, but actually offensive. Shiv Aroor (@ShivAroor) December 11, 2013

Hindus, Muslims, Christians had all challenged HC order: Aijaz Maqbool, AIMPLB lawyer. (Homosexuality: max punishment up to life in prison) GAURAV C SAWANT (@gauravcsawant) December 11, 2013

Netas who won't recognise marital rape, now must decide on gay sex. SC refuses to do it for them SAURABH KAPOOR (@saurabhkap00r) December 11, 2013

Now is the moment for progressive Sonia Gandhi-led NAC to redeem itself. Draft a Bill to abolish 377, put it up for vote in winter session. Kanchan Gupta (@KanchanGupta) December 11, 2013

My views on gay rights in 2006. No different today | http://t.co/zQVLPV2LgI Derek O'Brien (@quizderek) December 11, 2013

Strange India.. A family can view violent & graphic "Bachao, bachao" gang rape scene in a movie, but 2 gays can't sleep in private. #Sec377 Kiran Kumar S (@KiranKS) December 11, 2013

today gay sex. tomorrow atheism ? dayafter refusing to wear black pants on say saturdays? nanny state? Harish Salve (@hsalve) December 11, 2013

In Dubai and feel so far away from the debate on the judgement on #Section377 #sadday Rahul Bose (@RahulBose1) December 11, 2013

In a blow to gay rights activists, the Supreme Court on Wednesday upheld the constitutional validity of the penal provision making gay sex an offence punishable with upto life imprisonment.A bench of justices G S Singhvi and S J Mukhopadhaya set aside the Delhi High Court's verdict which had in 2009 decriminalised gay sex among consenting adults in private.The bench allowed the appeals filed by various social and religious organisations challenging the high court verdict on the ground that gay sex is against the cultural and religious values of the country.The bench, however, put the ball in Parliament's court to take a decision on the controversial issue, saying it is for the legislature to debate and decide on the matter.With the apex court verdict, the operation of penal provision against gay sex has come into force.As soon as the verdict was pronounced, gay activists in the court looked visibly upset.The bench said Parliament is authorised to delete section 377 of IPC but till the time this penal provision is there, the court cannot legalise this kind of sexual relationship.After pronouncement of the judgement, gay rights activists said they will seek review of the apex court's verdict.The court passed the order on a batch of petitions of anti-gay right activists and social and religious organisations against the high court's verdict decriminalising gay sex.The bench had reserved its order in March last year after granting day-to-day hearing of the case from February 15, 2012.While hearing the appeal, the apex court had pulled up the Centre for its "casual" approach on the issue of decriminalisation of homosexuality and also expressed concern over Parliament not discussing such important matters and blaming judiciary instead for its "over-reach".While pleading for decriminalisation of gay sex, the Centre had subsequently told the court that the anti-gay law in the country had resulted from British colonialism and Indian society was much more tolerant towards homosexuality.The Delhi High Court had on July 2, 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.Section 377 (unnatural offences) of IPC makes gay sex a criminal offence entailing punishment upto life imprisonment.The petition seeking to decriminalise gay sex was filed in the high court by Naz Foundation.Senior BJP leader B P Singhal, who died in October last year, had challenged the high court verdict in the apex court, saying such acts are illegal, immoral and against the ethos of the Indian culture.Religious organisations like All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance too had challenged the judgement.The Delhi Commission for Protection of Child Right, Tamil Nadu Muslim Munn Kazhgam, SD Pritinidhi Sabha, Joint Action Council, Raza Academy, astrologer Suresh Kumar Kaushal, yoga guru Ramdev's disciple S K Tijarawala, Ram Murti, Bhim Singh, B Krishna Bhat had also opposed the verdict.The Centre had earlier informed the apex court that there are an estimated 25 lakh gay people and about seven per cent (1.75 lakh) of them are HIV-infected.In its affidavit, the Union Health Ministry had said it was planning to bring four lakh high-risk 'men who have sex with men (MSM)' under its AIDS control programme and it has already covered around two lakh of them.