Jaitley bats for gay rights, asks SC to reconsider stand on Article 377


Nov 29 (Agencies): Finance Minister Arun Jaitley came out in support of gay rights, saying that the Supreme Court must reconsider its decision on Section 377 of the Indian Penal Code.

Speaking at a Literature Festival, finance minister Arun Jaitley criticised the Supreme Court's reversal of the Delhi high court order de-criminalizing consensual sex among gay adults, reports the Times of India.

The Apex Court's view was out of sync with the jurisprudential development on gay rights world over, he added.

Continuing his criticism of the quashing the NJAC Act, Finance Minister Arun Jaitley today said doctrine of basic structure, including elected government and parliament's sovereignty, cannot be "dismantled" to save only independence of judiciary and favoured reconsideration of the verdict.

"Of course, I have been vocal in my comments about recent judgement on the NJAC. I think at some stage in future, we need to reconsider it. When the law says that the President shall appoint (judges) in consultation with the Chief Justice, to say that this law actually means that the Chief Justice will appoint virtually without consulting anyone, is the opposite of what the Constitution says.

"And to base it on a logic that an institution can be saved only by exclusivity of exercise of power by judiciary, elected representatives, can't be trusted. I think to say, the least, is not a fair argument," the Finance Minister said.

He said in a democracy, where independence of judiciary, is a part of basic structure but so is the elected government and an elected parliament, "you can't dismantle all other basic structures just to protect one".

"I think you require reconsideration," he said while speaking at Times LitFest here.

Jaitley said future generations will have to see that the verdict criminalizing consensual gay sex "are reconsidered".

He said that reservations in job and education for tribal people and others should continue till the time the "deprived section" of the society do not come on par with others.

  

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Comment on this article

  • Swamy, Mangalore

    Sun, Nov 29 2015

    Everybody is ditching BJP and it is becoming difficult every step of the way for BJP to find opposite sex to marry them. Now as a last resort this is the only ray of hope left for them. Do or die.

    DisAgree [2] Agree [2] Reply Report Abuse

  • Clifford, Mangalore

    Sun, Nov 29 2015

    BJP had different and opposite policy before election. What made Jaitly to change his mind?

    DisAgree Agree [2] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Nov 29 2015

    Prem, Mudubidri

    No double meaning please.

    Election promises.
    Black money and other burning issues. Importantly intolerance. That's it.

    DisAgree Agree [2] Reply Report Abuse

  • Saleem Baji, Kaikamba

    Sun, Nov 29 2015

    Well said Mr. Amith, Udupi. BJP is like G-String which is as good as being there for what no one knows!
    In this BJP Government, we have leaders who have lost everything. Some of the leaders who had some sense while they were not in power…, but once in power they too have gone case!

    DisAgree [2] Agree [8] Reply Report Abuse

  • anil, mangalore

    Sun, Nov 29 2015

    any progressive democratic tolerant country must accommodate gay rights. India being the second most populous country, obviously have a considerable gay community. Its time india moves on from Victorian mindset an decriminalize gay relationship and accept them as they are. Opposing their rights is sheer intolerance.

    DisAgree [1] Agree [4] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Nov 29 2015

    Jossey,

    Good observation. Fakes unlimited.

    DisAgree Agree [5] Reply Report Abuse

  • Amith, udupi

    Sun, Nov 29 2015

    support everything that starts with G ..Gujarat ..Gobar ...Gai ..Goumutra...Gay..Gone case..

    DisAgree [1] Agree [13] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Nov 29 2015


    "DRINKING ALCOHOL IS ALSO WESTERN CULTURE"

    Then who invented Gonku/Sugarcane sharab and Toddy etc. in India?

    DisAgree [1] Agree [8] Reply Report Abuse

  • Rupesh Kumar, Mangalore

    Sun, Nov 29 2015

    vasu, Mangalore

    Why are you so sympathetic about such people??????
    These people hare not born like that but volunteered to live by choice. If you cannot condemn, please do not try to support.

    DisAgree [3] Agree [5] Reply Report Abuse

  • Ahmed, Bangalore

    Sun, Nov 29 2015

    Today for Gay rights. Tomorrow for Lesbian rights. Then next time for Zoophilia (sex between human with animals).

    Do these nuts want's to take us to an era of destruction? One should not play around with the law of nature (God) else the entire human community will face the wrath of it for sure, like what it happened with Prophet Luth (pbuh) people who were homosexual. God destroyed these people as they didn't listen to the warning of Prophet Luth ('Lut' as name in Bible).

    God has created male and female in every living species not just humans. When animals have brain and common sense to lead a life with their right partner, why this human brain which is superior of all living creatures is going astray here?

    DisAgree [1] Agree Reply Report Abuse

  • MW, DUBAI

    Sun, Nov 29 2015

    WE HAVE ONLY GAYS ISSUES PENDING IN OUR COUNTRY....ALL OTHER ISSUES ARE SOLVED...A HARD SLAP FOR THE VOTERS WHO VOTED....

    DisAgree [2] Agree [11] Reply Report Abuse

  • MASTHAN , DUB

    Sun, Nov 29 2015

    COWS BETRAYED HIM, NOW HIS EYES ON GAY VOTES.

    DisAgree [2] Agree [7] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Sun, Nov 29 2015

    Jhootley Day.
    There is no Way.
    Why it’s gay? Say.
    SC judgment on Gay.
    No hope to have a Ray.
    Keep them always at Bay.
    Gay ban judgments in May.
    Gay fight with ISIS take Away.

    DisAgree [1] Agree [6] Reply Report Abuse

  • COW BOY, KUWAIT

    Sun, Nov 29 2015

    It must be a typo error. Written "Gay" instead of "GAAY" (cow)......!!!

    DisAgree [1] Agree [7] Reply Report Abuse

  • MASTHAN , DUB

    Sun, Nov 29 2015

    GOVT IS SPENDING BILLIONS OF RUPEES DURING ELECTION CAMPAIGN.

    WHICH DIRECTLY EFFECTS THE ECONOMY AND POOR AND MIDDLE CLASS HAVE TO SUFFER. INSTEAD ALL PARTY CAN DO CAMPAIGN THROUGH RADIO. WHERE PEOPLE CAN LISTEN.

    DisAgree Agree [2] Reply Report Abuse

  • MASTHAN , DUB

    Sun, Nov 29 2015

    PROVEN THAT GAY SEX LEADS TO MORE DISEASES.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Roshan, Mangaluru

    Sun, Nov 29 2015

    Decriminalization of gay rights is very very important. You dont give rights on adoption. Accept one could be of third gender and is acceptable to society.

    Today gays are treated as curse and thrash. They lead an isolated life with crime and poverty, if their looks are bad. Police play their corruption and high handed game every time. To stop this, Gay rights must be accepted with certain rider, religion can not be barrier for one's own existence in peace.

    BJP is hypocritic as usual. This is a vote bank issue, so they want court to take a view on it, where as it is Govt., that has to draft the law for courts to follow.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sun, Nov 29 2015

    Let some Community enjoy Acche Din ...

    DisAgree [1] Agree [5] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Nov 29 2015

    Let them satisfy the common man (women included) first then the Gay community. Why Lesbians are quiet?
    Popikala!

    DisAgree [1] Agree [6] Reply Report Abuse

  • prem, moodbidri

    Sun, Nov 29 2015

    what do you mean "Satisfy"???

    DisAgree Agree [3] Reply Report Abuse

  • prem, moodbidri

    Sun, Nov 29 2015

    Let Jootley bat or bowl for "Gays", he is a central minister... but who is Anupam Kher, who says "No cricket with Pak till border situation becomes normal"?

    Is he "Acting Prime Minister" of India, because FEKU keeps roaming outside India all the times??

    Why has he become so intolerant these days against "Intolerance issue"???

    DisAgree [3] Agree [9] Reply Report Abuse

  • MASTHAN , DUB

    Sun, Nov 29 2015

    SAME BJP GOVT PROTESTED DURING CONGRESS RULE, WHY THEY ARE FOLLOWING CONGRESS

    DisAgree Agree [7] Reply Report Abuse

  • Mahesh, Pilar - Shirva

    Sun, Nov 29 2015

    Rupee, share market, GDP collapsed. As a finance minister he must concentrate for stabilizing economy. He forgot what he should do and he is focusing unrelated issues and diverting people mind. Arrogant finance minister.

    DisAgree Agree [8] Reply Report Abuse

  • shahnawaz kukkikatte, dubai/udupi

    Sun, Nov 29 2015

    Where is Bhagawath n snagh parivar, the so called protectors of Indian culture?? Is bjp going out of its core hindutva agenda......i think mr jaitley is mending fences with european culture.....I ask Jaitley to bring one new life in to this world out of gay union...then we will support him..

    DisAgree [2] Agree [1] Reply Report Abuse

  • Hussain, Abudhabi

    Sun, Nov 29 2015

    We don't want Valentines day because its a western culture...But we can have GAYS culture !!??

    Chaddie groups where are u particularly Sri Sri Pramod Muthalikji please have a say !!

    DisAgree [5] Agree [27] Reply Report Abuse

  • vasu, Mangalore

    Sun, Nov 29 2015

    Mr Hussien,
    Valentine day celebration is copying some other countries culture.While gays is more to do with ones biological requirements.Not sure how you can even think of mixing these two issues.
    Pramod Muthalik is not connected in any way to the BJP...

    DisAgree [9] Agree [4] Reply Report Abuse

  • MASTHAN , DUB

    Sun, Nov 29 2015

    DRINKING ALCOHOL IS ALSO WESTERN CULTURE.

    CAN THEY GIVE UP.

    DisAgree [3] Agree [5] Reply Report Abuse

  • MASTHAN , DUB

    Sun, Nov 29 2015

    BEEF A FLOP SHOW, NOW GAY WHAT NEXT.

    DisAgree [6] Agree [23] Reply Report Abuse

  • Rudolf, Mumbai

    Sun, Nov 29 2015

    Is this a ploy to divert the general public attention from the burning issues like 'intolerance', uncontrolled inflation etc.?

    DisAgree [7] Agree [18] Reply Report Abuse

  • vasu, Mangalore

    Sun, Nov 29 2015

    Intolerance,where is it.Communal riots are down..
    Inflation-We are facing a threat of deflation forget inflation.
    Please do not criticize for the sake of it.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Nov 29 2015

    Is it the effect of Western culture or Universal culture.

    They should be dumped from the society.

    DisAgree [5] Agree [15] Reply Report Abuse

  • vasu, Mangalore

    Sun, Nov 29 2015

    Very sad to hear a statement like
    Gays should be dumped from Society.
    Respect diversity ..

    DisAgree [4] Agree [3] Reply Report Abuse

  • mathin, Dubai

    Sun, Nov 29 2015

    no doubt you are following principle of west..they ended with darkness,same will be the fate of our nation...

    DisAgree [3] Agree [15] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Nov 29 2015

    Ache Din for gay community!
    Also, there are other basic rights.

    DisAgree [2] Agree [15] Reply Report Abuse

  • Alwin, Udupi

    Sun, Nov 29 2015

    "so decided to part of acche din"????

    DisAgree [12] Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sun, Nov 29 2015

    First learn to spell Catholic names properly

    DisAgree [1] Agree [8] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sun, Nov 29 2015

    Now we know why Wife's are abandoned ...

    DisAgree [7] Agree [40] Reply Report Abuse

  • vasu, Mangalore

    Sun, Nov 29 2015

    Go personal..Go after one guy..Keep it up..But remember one thing that man has not uttered a single word against any one.He is talking about only development.You may not like his work style,but at least he is making an effort..,where as you are only spreading hate.

    DisAgree [10] Agree [5] Reply Report Abuse


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Title: Jaitley bats for gay rights, asks SC to reconsider stand on Article 377



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