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Cong cheers SC move on Section 377, BJP waryI am happy that an error is being corrected: PC
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REVIVED HOPE: Activists celebrate outside the Supreme Court in New Delhi on Tuesday after it agreed to hear the petition on Section 377 which makes gay sex a criminal offence. PTI
REVIVED HOPE: Activists celebrate outside the Supreme Court in New Delhi on Tuesday after it agreed to hear the petition on Section 377 which makes gay sex a criminal offence. PTI
The Congress on Tuesday came out in support of the Supreme Court decision to re-examine its order declaring homosexuality illegal, while the Modi government adopted a cautious approach saying it was yet to take a final view.

“Law shouldn’t discriminate anyone on the basis of whom you love,” Randeep Singh Surjewala, in-charge of the AICC Communication Department said in a statement here.

In Bengaluru, Parliamentary Affairs Minister M Venkaiah Naidu said the Modi government had not formulated any final view on the issue. “It is a humane issue, we have to study various aspects and take a final view. The debate is on...,” he said, replying to questions on the issue. Former finance minister P Chidambaram also came out in support of the apex court decision to refer the curative petition on Section 377 to a larger bench. “I am happy that an error is being corrected. This is only the first step. I look forward to the day when the SC will uphold the judgment of the Delhi High Court,” Chidambaram said.

Last year, Finance Minister Arun Jaitley had called for reconsideration of the 2013 Supreme Court ruling that held homosexuality, under Section 377 of the Indian Penal Code, illegal. The BJP has been coy on openly supporting the legalisation of gay sex as it believes such a position could affect its traditional support base.

On December 12, 2013, the Supreme Court had overturned a 2009 ruling by Delhi High Court legalising gay sex between consenting adults. Congress President Sonia Gandhi and her deputy Rahul had expressed disappointment with the apex court ruling then, saying they agreed more with the high court.

On the other hand, BJP leaders have different views on homosexuality with Rajnath Singh declaring in 2013 that the BJP would not support “unnatural” acts. BJP leader Subramanian Swamy had even dubbed homosexuality a genetic disorder. Last year, Law Minister D Sadananda Gowda had vehemently rejected reports claiming that he had suggested scrapping Section 377.

However, Union Minister Harsh Vardhan had voiced support for protection of the rights of homosexuals; BJP leader Ram Madhav had said he would find it hard to consider it a crime.

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(Published 03 February 2016, 02:02 IST)