New Delhi, Sep 2: The government will leave the Section 377 matter solely to the Supreme Court as it has decided not to oppose the Delhi High Court judgement decriminalising homosexuality.
"The correctness of the Delhi High Court judgement has been challenged in an appeal before the Supreme Court. The Government may submit before the Supreme Court that there does not appear to be any legal error in the judgement and the Supreme Court may take a final view whether the judgement of the High Court is legally correct," says a note issued by the Centre.
Stating that the Law Ministry's decision to not oppose the Delhi High Court judgement has the Prime Minister's concurrence, Veerappa Moily said, "We have already taken the pros and cons of the judgement and given a note to the Prime Minister. It is upto the Prime Minister whether to take up this matter with the Cabinet or not."
The Home Ministry and Health Ministry too are hoping that the Supreme Court upholds the Delhi High Court's judgement.
However, the Centre's stance on the issue may change if the government suddenly realises the political ramifications of supporting decriminalisation of homosexuality.