Rahul Gandhi on SC verdict on Gay rights: I agrees more with the Delhi High Court

SC verdict on gay rights: Rahul Gandhi says he agrees more with the Delhi High Cour
 New Delhi: Congress Vice President Rahul Gandhi, while commenting about the recent Supreme Court verdict that termed gay sex as illegal, said on Thursday that he agrees more with the Delhi High Court's earlier verdict on it.

Addressing the media persons, the Congress Vice President said, "My personal view is that these are matters of personal freedom and I think I would agree more with High Court (than with the SC verdict criminalising same-sex relations). I think these matters should be left to the individuals”.

“These are personal choices. This country is known for its freedom, freedom of expression. So let that be," added Rahul Gandhi.

The Congress leader’s reaction comes as the SC on Wednesday put the ball in Parliament's court to consider the "desirability and propriety" of deleting or amending the penal provision making sexual intercourse between people of same sex as a criminal offence attracting punishment up to life imprisonment.

Earlier, Congress President and UPA chairperson Sonia Gandhi also had expressed her disappointment over the Supreme Court’s verdict and urged the Parliament to amend Section 377 of the Constitution. Sonia Gandhi hoped that the Parliament would take adequate measures to guarantee of life and liberty to all the citizens of the country.

“I am disappointed that the Supreme Court has reversed a previous Delhi High Court ruling on the issue of gay rights. The HC had wisely removed an archaic, repressive and unjust law that infringed on basic human rights enshrine din our Constitution”, said the Congress President. “I hope the Parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those affected by this judgement”, she added.



Setting aside the Delhi High Court verdict of 2009, the apex court bench of Justice GS Singhvi and Justice SJ Mukhopadhayay said: "We hold that Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the division bench of the high court is legally unsustainable." Pronouncing the judgment, Justice Singhvi said: "We would like to make it clear that this court has merely pronounced on the correctness of the view taken by the Delhi High Court on the constitutionality of Section 377 IPC and found that the said section does not suffer from any constitutional infirmity." "Notwithstanding this verdict", the court said "the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same as per the suggestion made by the attorney general."

Section 377 of the IPC that deals with unnatural offences says: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine."

Section 377: Sonia Gandhi says she is disappointed with SC verdict on homosexuality

Section 377: Sonia Gandhi says she is disappointed with SC verdict on homosexuality
New Delhi: Congress President and UPA chairperson Sonia Gandhi on Thursday expressed her disappointment over the Supreme Court’s verdict that consensual sex between adults of the same sex is an offence and has asked the Parliament to amend Section 377 of the Constitution. Sonia Gandhi hoped that the Parliament would take adequate measures to guarantee of life and liberty to all the citizens of the country.

“I am disappointed that the Supreme Court has reversed a previous Delhi High Court ruling on the issue of gay rights. The HC had wisely removed an archaic, repressive and unjust law that infringed on basic human rights enshrine din our Constitution”, said the Congress President.

“I hope the Parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those affected by this judgement”, she added.

Sonia Gandhi’s reaction comes as the Supreme Court on Wednesday had urged the Parliament to consider the desirability and propriety of deleting or amending the penal provision making sexual intercourse between people of same sex as a criminal offence attracting punishment up to life imprisonment.

Section 377 of the IPC that deals with unnatural offences says: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine." The bench said Parliament is authorised to delete or amend section 377 of IPC but till the time this penal provision is there, the court cannot legalise this kind of sexual relationship.

Here is Sonia Gandhi's full statement:

“I am disappointed that the Supreme Court has reversed a previous Delhi High Court ruling on the issue of gay rights. The HC had wisely removed an archaic, repressive and unjust law that infringed on basic human rights enshrine din our Constitution. This Constitution has given us a great legacy, a legacy of liberalism of openness that enjoins us to combat prejudice and discrimination of any kind. We are proud that our culture has always been an inclusive and tolerant one. The SC also suggested another course. I hope the Parliament will address this issue and uphold the constitutional guarantee of life and liberty to all citizens of India, including those affected by this judgement.”