Take up crucial issues like gay sex: SC tells govt

New Delhi, Apr 1: The Supreme Court of India chided the Centre for ignoring importance issues such as the Delhi High Court ruling on gay sex and instead was wasting time to petty petitions.

"This court is meant for deciding important questions of Constitution and Fundamental Rights. You do not file appeals on such important issues. You did not file the appeal against the Delhi High Court verdict on the gay sex. But you come on petty issues," Justice A K Patnaik said on Wednesday, Mar 31.

This observation came after the bench dismissed a appeal filed by the government challenging a direction for increment to a railway employee.

The employee R Burdee was fighting for enhanced pension on the plea that he was denied one annual increment.

"If a poor retired man is seeking one increment why are you so much determined to deny him. Should you come to the Supreme Court for this?" the court said dismissing the government's appeal.

"Is this the way the Union of India behaves? What's your problem if a retired employee is directed an increment. Should you come to the Supreme Court for such purpose? On an important issue like the gay sex you did not file an appeal.

"People should change. The authorities must change. This is not the way the Union Government should behave," the bench also comprising of Justice Markandeya Katju said.

The apex court was expressing anguish over the government not taking up the Jun 2009 Delhi HC ruling decriminalising homosexuality against the Section 377 of the Indian Penal Code.

While scores of individuals and organisations have voiced legal opposition to the HC ruling, the Centre told the Supreme Court that it stood in agreement with the ruling. However, this is contrary to the government's stand in the HC.

In the High Court, the government voiced its opposition to ruling saying that it will affect the cultural values of the country as well as fuel the spread of sexually transmitted diseases (STDs) such as HIV-AIDS.

OneIndia News