Sunday Times 2
Indian government scrambles to undo Supreme Court judgement on homosexuality
A day after the Supreme Court’s recriminalization of gay sex triggered anger and dismay, the government was scurrying to explore all possible ways out of the jam.
But a reading of the Wednesday judgment reveals that the court has squarely blamed the Centre for the entire mess. The court has said that the government sat on a decision on Section 377 for years, without taking any decision one way or another. 
On Thursday, the government said it would file a review petition against the SC striking down the decriminalisation of homosexuality.
“We will have to change the law. If Supreme Court has upheld that law, then we will certainly have to take firm steps. Change has to be made fast and any delay cannot take place. We will use all means available to make changes at the earliest,” Law Minister Kapil Sibal said.
The option of an ordinance is also being discussed in the government.
Sources said the government feels approaching the apex court again will be a “short-cut” as an amendment in the law suggested by the apex court after a debate in Parliament and evolving a consensus on the “sensitive” issue will be time-consuming, especially with the Lok Sabha in its last lap.
But while the government looks for a solution, a careful reading of Wednesday’s judgment shows that the apex court bench headed by Justice G.S. Singhvi says the government’s indecision and consistent flip-flopping on the issue is to blame for the situation.
The bench, which ruled that making or changing a law was the sole prerogative of Parliament, questioned why the government had not acted even 13 years after a law commission report sought deletion of the section, for which there were repeated demands. The court said this proved the Centre wanted the section to remain in the statute.
The SC said even the HC judgment said it will be valid only till Parliament amended the law in tune with the recommendations of the Law Commission in its 172nd report “and removes the confusion”.
Justice Singhvi had repeatedly asked the Centre’s lawyers why Parliament had not settled the issue and left it to the court.
Justice Singhvi had told A-G G.E. Vahanvati: “We are still not able to reconcile why the legislature has not considered this issue. The Parliament which is the representative of the people is the right forum to discuss this issue.”
“Courts are bound to define law when called upon to interpret it in a particular manner but such issues can’t be dealt with by the courts alone,” he said.
The Centre was forced to send the AG as two Additional Solicitors Generals P.P. Malhotra and Mohan Jain had taken opposing stands.
© Daily Mail, London
