Govt doesn’t rule out Ordinance on gay rights

New Delhi: The government is exploring all legal options including an Ordinance to change a colonial-era law banning gay sex that was restored by the Supreme Court on Wednesday. This was indicated by Law Minister Kapil Sibal and Finance Minister P Chidambaram.

Sibal said: "The archaic law should be changed, millions of people are affected and these people should not be exposed to 377." He also said that, “There are several options open to the government and we are considering all possible options but time is of the essence, we need to take quick action, firm action.”

Congress president Sonia Gandhi termed Wednesday’s Supreme Court verdict as unfortunate, even as Finance Minister P Chidambaram signalled that the government would prefer a curative petition in the Supreme Court. The BJP demanded an all-party meeting on the issue.

CPM Politburo member Sitaram Yechury, on the other hand, came out in favour of decriminalising it and asked the government to change the law. Sonia Gandhi said, “I am disappointed that the Supreme Court has reversed a previous Delhi High Court ruling on the issue of gay rights. The High Court had 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 enjoin 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 has also suggested another course. I hope 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.”

Finance Minister P Chidambaram recalled that the Supreme Court had recognised live-in relationships. It recognised children born out of wedlock.

But on gay rights, it had gone back on it. Solution can be found within the court framework, he said. “The government can seek consideration of the matter by a larger Supreme Court Bench, where the case can be argued out all over again.

In fact, the case ought to have gone before the larger Bench at the outset,” he felt.

“The legislative option is always open to the government,” he said. “It has gone back to 1860. I do not want to take names, but those politicians opposing it, it is unfortunate. The government must go for review petition or curative petition,” said Chidambaram.