New Delhi: The Union Home Ministry on Thursday seems to have goofed up in the Supreme Court during the hearing on decriminalization of homosexuality. Government sources said that the Additional Attorney General read out an earlier stand by the government instead of the latest in the apex court.
The Home Ministry also later clarified and said that they have not taken any position on homosexuality.
Additional Solicitor General (ASG) P P Malhotra, appearing for the ministry, had argued that the Indian society is different from other countries and it cannot imitate the practices prevailing in foreign countries.
"Gay sex is highly immoral and against social order and there is high chance of spreading of diseases through such acts," ASG Malhotra contended before a bench of justices GS Singhvi and SJ Mukhopadhaya.
"Our Constitution is different and our moral and social values are also different from other countries, so we cannot follow them," the ASG said, adding that societal disapproval of gay sex is strong enough reason to criminalise it.
Indian society disapproves of homosexuality and law cannot run separately from the society, he contended while opposing the Delhi High Court's order which had in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC).
The Ministry said that India's moral and social values are different from those of other countries and India cannot be guided by them.
It told the court that gay sex is highly immoral and against the social order
The Delhi High Court had in 2009 passed a landmark judgement decriminalising section. Section 377 of the Indian Penal Code (IPC) deals with sexual acts in private between consenting adults. The archaic law was framed in the 19th century by the British.