Gay rights: Sonia asks Parliament to do away with Section 377

mangaloretoday.com

New Delhi, Dec 12: UPA chairperson Sonia Gandhi on Thursday asked the parliament to amend Section 377 of the Indian Penal Code (IPC) a day after the Supreme Court order made on gay rights illegal again in India.

"I hope that parliament will address this issue and uphold the constitutional," she said in a statement.

She said she was "disappointed" that the Supreme Court has revered a Delhi high court ruling on the issue of gay rights.

"The High Court has wisely removed an archaic, repressive and unjust law that infringed on the basic human rights enshrined in our Constitution.

This constitution has given us a great legacy, a legacy of liberalism and openness that enjoined us to combat prejudice and discrimination of any kind. We are proud that our culture has always been an inclusive and tolerant one. The Supreme Court also suggested another course.

 

I hope that parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those directly affected by this judgment," she said in the statement.

Govt considering all options

The statement by the Congress chief on gay rights has made the party’s and the government’s stand clear on the issue.

Law minister Kapil Sibal said the government was considering all options to restore the High Court verdict on Section 377. "We must decriminalise adult consensual relationships," he wrote on Twitter.

"I hope that parliament will address this issue and uphold the constitutional," she said in a statement.

She said she was "disappointed" that the Supreme Court has revered a Delhi high court ruling on the issue of gay rights.

"The High Court has wisely removed an archaic, repressive and unjust law that infringed on the basic human rights enshrined in our Constitution.

This constitution has given us a great legacy, a legacy of liberalism and openness that enjoined us to combat prejudice and discrimination of any kind. We are proud that our culture has always been an inclusive and tolerant one. The Supreme Court also suggested another course.

I hope that parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those directly affected by this judgment," she said in the statement.

Govt considering all options

The statement by the Congress chief on gay rights has made the party’s and the government’s stand clear on the issue.

Law minister Kapil Sibal said the government was considering all options to restore the High Court verdict on Section 377. "We must decriminalise adult consensual relationships," he wrote on Twitter.

But to amend the law, the party would need the support of the BJP which has not made its stand clear on the court order - neither criticising it nor condemning it.

Party leaders, without wanting to be named, have said that while people should have the right to practice their tendencies, views of society also need to be factored in.

"Section 377 only bans sexual conduct that goes against the order of nature. A reading down of this law can be that to be born with gay tendencies cannot be against the order of nature. The court does not have to legalise or illegalise such a thing. It is not against the order of nature," a party leader said.

Congress questions Modi’s silence

Some BJP leaders maintained that there was no need for the Supreme Court to strike down Section 377.

This has drawn criticism from the Congress, with partly leader Sanjay Jha saying the BJP PM candidate Narendra Modi to also break his silence on the order and express his opinion.

"Mr Modi, your silence is deafening, Sir!! India & it’s people, young & old, want to know what ’s your opinion on  #Sec377? We’re waiting!" he said on Twitter.

Some BJP leaders have cautioned that the party cannot openly take a stand for or against this issue as it may hurt public sentiments and conventional notions prevalent in society.

"One has to keep in mind that this issue is taboo in society. A lesbian or gay couple may have to face social stigma. Even the family members of such people have to face jibes and are shunned by some sections of the society," another leader said.

Some BJP leaders maintained that it should be left to the individuals concerned and no law for or against any sexual relations which are based on consent are needed.

However, the party did not come out with any structured response to the court judgement