Union Finance Minister Arun Jaitley has said that the 2014 judgement on gay sex should be “reconsidered” by the Supreme Court.
Dealing with details, he said that the judgement that set aside the Delhi High Court verdict de-criminalising it, needed to be reconsidered in the present context.
Jaitley also said the Supreme Court’s ruling that held that homosexuality, under Section 377 of the IPC, was illegal and would continue to be an offence needed to be reconsidered.
“When you have millions of people involved in this (homosexuality) you can’t nudge them off,” Jaitley said while addressing a session at the Times LitFest, adding that the court had taken a “conservative view”.
He also said courts in the country have always upheld and defended the right to free speech and expression.
“Courts in India have always defended the right to free speech, guaranteed under the Article 19 of Indian Constitution. We can compete with European courts in this,” Jaitley said.
Following Independence, he said, the judicial system in the country was “weak” as it was “overpowered” by the governments. But there were many landmark judgements that “resisted” the government’s authority, he added.
Speaking about “Five legal cases that have shaped Indian democracy”, he mentioned two such cases holding significance in the context. Jaitley said the Kesavananda Bharati vs. State of Kerala case was the “most important” case in history as the Supreme Court outlined the basic structure of the Indian Constitution.
Jaitley also said Maneka Gandhi vs. Union of India was another case, where Ms Gandhi’s passport was impounded by the state, that highlighted the “supremacy of fundamental rights” in the country.