IN A bid to clear the air surrounding the legalising of gay sex, the Cabinet has decided on Thursday (September 17), to not take a stand on the matter and leave the issue to be decided by the Supreme Court.
Briefing news-persons on the Union Cabinet decisions, presided over by
Prime Minister Manmohan Singh, Information and Broadcasting Minister
Ambika Soni said, “The Cabinet had considered the report of the three-member group of ministers formed on the issue and decided that Attorney General Goolam E Vahanvati will assist the
Supreme Court.”
Leaving no room for questions, she added, “The
Supreme Court can decide if the High Court was right or not in decriminalising gay sex.” She refused to say anything more on the issue, maintaining that she was not authorised to ‘elaborate’ further as the matter related to Cabinet proceedings.
Sources said that the Cabinet has decided against taking a stand on the issue to avoid getting caught in any controversy. This decision had become apparent earlier when Law Minister M Veerappa Moily had said that the government would ‘assist’ the
Supreme Court in arriving at a decision, but maintained silence on whether the Delhi High Court order would be challenged.
A recent note prepared by Law Secretary TK Vishwanathan on the High Court judgement had said that since the HC order had not totally struck down Section 377 of IPC relating to homosexuality, it would be difficult to challenge it in the apex court.
In another important decision, the Cabinet decided to bring an amendment to the
Transplantation of Human Organs Act, 1994. The Act, which was enforced on February 4, 1995 in Goa, Himachal Pradesh and Maharashtra and all the Union Territories, was later adopted by all the states except Jammu and Kashmir and Andhra Pradesh, who have their own legislations to regulate the same.
Soni told reporters that the decision to amend the Act came in the wake of reports, both in print and electronic media, about a thriving human organ trade in India. She said, “There are reports that economically weaker sections are exploited by unscrupulous elements. ”
A Cabinet note said that, while “the Act has not been effective in curbing commercial transactions in organ transplant, it has thwarted genuine cases due to the complicated and long drawn process involving organ donation.” To make the process more transparent and patient friendly, certain proposals by the Ministry of Health and Family Welfare have been implemented, while stringent penalties on persons and hospitals violating the provisions have also been imposed.
The Japanese Overseas Development Assistance (ODA) has also been approved, under special terms of economic partnership for the Western Dedicated Freight Corridor Project. The first phase of assistance would come at Rs 17,700 crores for the Rewari-Vadodara section.
Moreover, the validity of Central notification in respect of pulses, paddy, edible oilseeds, rice and sugar has also been extended till September 30, 2010. “This we hope would keep the rising prices under check,” Soni said. “The Centre has already empowered state governments to fix stockholding limits as per local conditions and to undertake de-hoarding operations.”