Govt, Cong keen to scrap SC ruling on gay rights
Source: The Sangai Express / Agencies
New Delhi, December 13 2013 :
The government has decided to reverse the Supreme Court judgment on Wednesday making homosexuality a crime again.
It is weighing the pros and cons of two competing options, one judicial, the other legislative: (a) a review petition before the SC, mostly likely before a five-member Constitution bench, failing which a curative one; or (b) a quick ordinance followed within six months by an amendment to the law in Parliament.
It appears to have been spurred into action by Congress chief Sonia Gandhi's powerful statement on Thursday expressing "disappointment" at the restoration of an "archaic, repressive and unjust law", and by the nationwide outrage against the SC's decision to overturn the Delhi high court's 2009 verdict.
It is yet to firm up its course of action.
An ordinance is easier and can be promulgated as soon as the Parliament session ends on December 20.The appeal of the option is enhanced by the possibility that the session may be adjourned sine die ahead of schedule.
But this step does carry the risk of being challenged in court.
A successful judicial review, on the other hand, will have a finality, but is likely to be time-consuming, and the order will remain in force till hearing begins.
Whatever the option it picks, there was no mistaking the government's intent to protect homosexuals against the restoration of Section 377 which criminalizes gay sex even among consenting adults.