Even as a Bench of the Delhi High Court has reserved its judgment on the issue of whether the country needs to persist with Section 377 of the IPC, which bans sexual relations among people of the same gender, the Government of India has questioned the authority of the court to decide the same.

In written submissions filed last week on behalf of the Union of India, Additional Solicitor General (ASG) P P Malhotra has said the court “is not the authority to decide what should be the law or what should not be the law”.

Malhotra has asserted that this is the job of Parliament and the will of Parliament was represented by the MPs. “The states know the will of the people, the difficulties of their people living in the states. Nobody has suggested change of law or interpretation of law in such a manner as the petitioner wants to interpret,” the document says. He also said “it may not be proper for the hon’ble court to assume the role and the will of the people or to act as a Parliament to change the law by giving its interpretation as a petitioner seeks”.

Saying that in case the court agrees with the submission of the petitioner about the need to allow homosexuality in the country, it can “only make a recommendation to Parliament and it is for Parliament to amend the law”, Malhotra has also opposed the plea for allowing homosexuality. He has asserted that if consenting adults are permitted to have same-sex relations, it would affect the health of other citizens who could be exposed to risk.

... contd.