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Sec 377 misused… Delhi HC verdict well argued: Moily

Apprehending misuse of Sec 377 of Indian Penal Code in the future,Law Minister Veerappa Moily has said the law should not become an instrument of exploitation by authorities.

Written by Express News Service | New Delhi |
August 2, 2009 8:49:21 am

In what could be another indicator of fresh thinking within the UPA government on the issue of changing the anti-gay law in the country,Union Law Minister M Veerappa Moily on Sunday admitted that Section 377 of the Indian Penal Code (IPC),which bars same-gender sexual relations,had been misused in the past.

He said the law should not become an instrument of exploitation of homosexuals by authorities in future.

Asked why the Central government had not sought a stay on the Delhi High Court judgment that struck down portions of the Section 377 that criminalised same-gender,consensual sex,Moily said it would have been “preposterous”,as it was an important question of law in relation to Constitutional rights of liberty and privacy.

Speaking to Karan Thapar on CNN-IBN’s Devil’s Advocate,Moily said,“There would be occasions when the government would not seek to reverse a judgment…This (Section 377) is one such provision that has a tendency of misuse and exploitation and has been misused…One thing must go to the credit of the Delhi High Court judgment. It is well-documented,well-researched,well-argued.”

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