The Union cabinet has in the end decided to take no view on the Delhi high court judgment this July reading down Section 377 of the IPC and decriminalising homosexuality. With that judgment under challenge in the Supreme Court by assorted petitioners and the Centres view thereby sought,the issue had been seen to be politically tricky. By offering the assistance of the attorney general to the apex court in
arriving at an opinion on the correctness of the judgment of the high court,and so taking a completely legalistic view of the matter,the government may just have sidestepped a political controversy. It has also junked the worst option before it: of persisting with UPA-Is position in the high court against decriminalisation and continuing to be on the wrong side of the 20th century.
To that extent,the cabinets decision signals movement in the right direction. And to the extent that its non-view could produce the same outcome that an enlightened
defence of the individual rights prefaced in the Delhi high courts verdict would have,it could be progressive. After all,most political parties have seen silence to be most prudent in reacting to the Section 377 judgment. They have,especially the national parties,maintained a studied we-are-studying-the-implications stand,while desisting from criticising the judgment too. If this be political cover for a progressive path being cleared by the courts amidst entrenched orthodoxy,it cannot be a bad thing. After all,the celebrations that were set off by the Delhi high courts judgment were accompanied by the recognition that a legal right was but a valuable beginning in a struggle to change social attitudes. If by being non-confrontational the executive can avert the kind of opposition that could threaten progressiveness,then value of this strategy must be
acknowledged. However,the record will for ever make it clear that the government had the chance to be bold and state a higher principle about individual rights; for that is the easy route that had been charted by the Delhi high court.
Yet,finally,the verdict on the governments decision will be based on the outcome produced.