"The decision has been already given by the Delhi [ Images ] High Court (decriminalising gay sex). Only question is certain appeals have been filed before the Supreme Court in which we (government) are not the party...the parties are petitioners and respondents. Our law officers will deal with the question," Moily told mediapersons.
Asked when the Cabinet is expected to reach a decision on whether the Centre will challenge the high court order in the apex court, Moily said, "I don't think you can expect a decision from the Cabinet. We can only assist the court in arriving at a right decision."
The apex court is expected to take up the matter shortly. It had issued a notice to the Centre on a petition filed by a Christian body, a disciple of Yoga guru Ramdev and an astrologer seeking a stay on the high court verdict on the ground that legalising gay sex will have a catastrophic effect on the society's moral fabric.
All the petitioners have sought setting aside of the July 2 HC verdict legalising gay sex between consenting adults in private, which was earlier a criminal offence punishable with up to life imprisonment.