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Parliament can take up 377: Sibal

11 Dec 2013, 10:13 am Print

Parliament can take up 377: Sibal
New Delhi, Dec 11 (JEN) On a day the Supreme Court once again said decriminalizing homosexuality is constitutionally invalid shocking the rights groups, Union Minister of Law Kapil Sibal said they would not shy away from taking the issue of Article 377 if the Parliament runs.

"We will take it up if Parliament runs," he said on Wednesday, refusing to comment on the verdict in which the judges sent the ball back to the court of Parliament. 

He said the SC is the final arbiter while they (lawmakers)  have the power to make laws.

"We have the prerogative to make laws, we will exercise our prerogative," he said. 
 
Information and Broadcasting Minister Manish Tewari said there may be difference of opinion in government on the issue but they had supported decriminalization of 377 and had taken a stand already. 

Several political parties also are against the verdict for a change.

Janata Dal (United) MP Shivanand Tiwari the Delhi High Court order was "much scientific and thoughtful."

Trinamool Congress Rajya Sabha MP Derek O'Brien tweeted that he had signed in favour of decriminalizing gay sex in India back in 2006. 

In a huge setback to the gay rights movement in India, the Supreme Court on Wednesday set aside a landmark pro-LGBT judgement of Delhi High Court in 2009, by ruling that homosexuality would continue to remain illegal in the country and would not be constitutionally invalid.

Four and half years after the landmark judgement by the Delhi High Court, the Supreme Court bench of Justices GS Singhvi and SJ Mukhopadhaya said it will remain a criminal offence and passed the ball to the legislature holding that it was up to them to make changes in the laws.

"The SC today set aside the judgement of the Delhi High court which clearly shows that Section 377 of IPC is a Constitutionally valid provision of law," said a lawyer in the case.

The judgement was received with shock by the human rights groups. "It is retrograde judgement. I am in total shock," said human rights lawyer Colin Gonsalves.

Gay filmmaker Onir said: "It is really, really sad. I am extremely, extremely disappointed."