SC pulls up centre for being "casual" on queer rights

Says it will make observations on the govt's indifference in its verdict

PTI | March 20, 2012



Pulling up the Centre for its "casual" approach on important issue of decriminalisation of homosexuality, the Supreme Court today said it needs to be condemned.

After going through various affidavits of the government, a bench of justices G S Singhvi and S J Mukhopadhyay said the Centre has taken this case very casually.

"They have taken this case very casually. This practice needs to be condemned and we are going to say it in our judgment," the bench observed.

It further said it is a peculiar case in which the government is taking a neutral stand before the apex court on such an important issue after contesting the matter in the high court.

"We don't know in how many cases they have been neutral. This is one of the peculiar cases where the Centre, which had contested the matter in the high court, is taking a neutral stand. The government comes with the stand that they are neutral. Which one is to be accepted, the affidavits filed in the high court or its stand of neutrality in the Supreme Court," the bench observed.

The bench also expressed concern that during the last 60 years the Parliament has not considered amending Section 377 of the Indian Penal Code, despite recommendations for it by the Law Commission.

"The highest legislature doesn't have time to consider these issues. How long will the people of this country wait for the legislature to find time to consider these issues," the bench observed.

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