India ready to amend Section 377 Gay laws
Kiran Chaube
Aug. 2, 2009

"One thing must go to the credit of the Delhi High Court judgement -- it is well-documented, well-researched. I must tell the judges -- the subject may be difficult, but at the same time this is one judgement which has really stood out in the judicial annals of this country," union Law Minister M. Veerappa Moily told journalist Karan Thapar in CNN-IBN's "Devil's Advocate" program, aired Sunday 8.30 p.m.

India is ready to finally take the final step of amending the Section 377 Gay Law. "It is an important question of law -- particularly relating to the constitutional provision of liberty, privacy -- they have given a judgement. As against that, obtaining a stay may be sometimes preposterous, unless we have a final verdict from the Supreme Court," said the union Law Minister.

"We have a Constitution -- many a time the Constitution runs parallel to many many laws which were enacted earlier to the Constitution coming into force. This includes many of those provisions, including some of the sections under the IPC or the Evidence Act. Many of these things if they are put to acid test of the Constitution, they may not stand up to the scrutiny of the Constitution," Moily proclaimed with a little smile behind his mustache.

"Maybe either the Constitution makers (should have seen this) or, thereafter, there should have been a proper review, so that either the laws are changed or the Constitution would have been changed, so that there would have been a proper synchronization of the laws of the land and also the Constitution," the law minister continued.

"If it has been misused earlier, it can be misused in future as well. Any law should not be used as an instrument of exploitation, harassment or allow the authority to misuse it. "This is one such provision that has a tendency of misuse and exploitation, and has been misused," Moily said. "One thing must go to the credit of the Delhi High Court judgement It is well-documented, well-researched, well-argued. I must tell the judges...the subject may be difficult, but at the same time this is one judgement, which has really stood out in the judicial annals of this country," he said.

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