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This is an archive article published on October 17, 2008

Gay laws: Patil’s stand finds support in Cabinet

It seems a majority of the Union Cabinet, like Union Minister for Home Affairs Shivraj Patil, wants Section 377 of the IPC to stay. Section 377 bans sexual relations among people of the same gender.

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It seems a majority of the Union Cabinet, like Union Minister for Home Affairs (MHA) Shivraj Patil, wants Section 377 of the Indian Penal Code to stay. Section 377 bans sexual relations among people of the same gender.

At the Cabinet meeting on Thursday, many ministers not only supported Patil but also took exception to Health Minister Anbumani Ramadoss’s “uncalled for utterances” on the issue, which, they said, showed the Government in bad light and were causing embarrassment to the MHA.

Ramadoss, who has already written to the Prime Minister on the issue, was not present in the meeting.

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The Cabinet also decided to continue opposing the demand for its repeal in court.

For the record though, Science and Technology Minister Kapil Sibal, who briefed the media after the meeting, said the Cabinet had deferred taking a decision on the issue. “Whatever the court decides, we will agree,” Sibal said. The ministers also said that only the MHA and the Law Ministry should decide what the government line on the issue should be.

The MHA and Ramadoss have been airing divergent views on Section 377 of the Indian Penal Code.

While the MHA has told the Delhi High Court, which is hearing a PIL challenging the legality of the anti-gay law, that it was not inclined to repeal the law, the Health Minister and the National AIDS Control Organisation (NACO) want homosexuality to be legalised as a ban on it was hampering the anti-AIDS drive in the country.

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The MHA recently also asked the court not to consider Ramadoss’s views on legalising gay sex among consenting adults. It said Section 377 was “the will of Parliament and the people”.

Taking a strong view of the continuing stand-off, Prime Minister Manmohan Singh asked Ramadoss and Patil to sit together and sort out the issue amicably. “The Prime Minister has directed the two ministers to sit together and discuss the matter and sort out their differences,” Sibal said.

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