TOI

New Delhi, Jul 20: The Supreme Court on Monday refused to stay the Delhi High Court judgment decriminalizing homosexuality. The ruling is now applicable all over India.

The apex court also pulled up the government and asked it to speed up its response on the issue.

The Delhi High Court verdict decriminalizing consensual gay sex has put the government in a fix as it remains undecided about its stand in the Supreme Court, 11 days after a response was sought from it on the vexed issue.

"No affidavit has been filed in the court as yet. It has to be seen what happens in the court," Attorney General G E Vahanvati, had told PTI on Sunday. "You have to wait and watch what happens in the court tomorrow," he had said.

While the Centre remained non-committal about its stand on the high court verdict which has been opposed by different sections of society, including religious leaders of all communities and a child rights body, gay rights activists have drawn up a detailed strategy to defend the verdict.

"We will file our response to the appeals after it is admitted by the apex court," said Shivangi Rai, the lawyer actively associated with the NGO Naz Foundation on whose PIL the High Court on July 2 had declared the penal provision (under Section 377 of Indian Penal Code) for gay sex among consenting adults in private as unconstitutional.

The apex court had issued notice to the Centre seeking its response on the petition filed by a Delhi astrologer challenging the high court verdict.

Taking note of sentiments expressed by different sections of the society, the Centre said on Sunday it would not take a hasty decision on legalising homosexuality.

"We have taken note of sentiments expressed by cross sections of people and that is why the government is not hasty to form its opinion to be submitted to Supreme Court," union law and justice minister M Veerappa Moily told reporters on Sunday.