"If it has been misused earlier, it can be misused in future as well. Any law should not be used as an instrument of exploitation, harassment or allow the authority to misuse it," Moily said.
While admitting that the anti-gay law had been misused in the past, Moily complimented the Delhi High Court for a well-research, well-documented, well-argued judgement of decriminalising homosexuality.
Pointing out that several laws enacted during British Raj contradicted the Constitution and may not stand scrutiny, Moily said, "Such laws include some sections of the IPC and the Evidence Act. Many of these laws, if put to acid test of the Constitution, they may not stand up to the scrutiny."
Moily also said either the Constitution makers did not anticipate this situation or a review of the laws or the Constitution should have taken place for properly synchronising the two.