In a departure from the stand it had taken earlier, the government on Monday told the Supreme Court that it does not want an interim stay on the July 2 Delhi High Court verdict which legalised gay sex among consenting adults. In the High Court, the government had cited morality and ethics while opposing legalising of gay sex.

The government sought time to come out with its stand and the Supreme Court adjourned the matter until September 14.

At the very start of the hearing today, Attorney General G E Vahanvati said “we don’t want a stay on the HC order.”

In his submission before the bench of Chief Justice K G Balakrishnan and Justice P Sathasivam, Vahanvati said the implication of the High Court decision was of limited nature, only concerning sex among consenting adults. “We took a stand in the High Court which has given a judgment and we find that it is a limited order concerning consenting adults.”

Seeking time to spell out the government stand, Vahanvati told the bench: “Three ministers of this government are in a huddle and are examining the verdict. We will come out with our view.”

“Section 377 continues in the law book,” he added in response to loud protests from counsels opposing the Delhi HC ruling.

Endorsing the A-G’s submission, the bench too made it clear that the High Court verdict will not be stayed. “There is no threat of penal consequences. We are not staying it,” the bench said, adding “We will hear the government’s stand and then make up our mind.”

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