'Anti-gay law was an instrument of exploitation'

Moily while admitting that the anti-gay law had been misused in the past, complimented the Delhi High Court for a "well-research, well-documented, well-argued" judgement decriminalising homosexuality.

"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 told Karan Thapar in CNN-IBN's Devil's Advocate programme.

"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.

Pointing out that several laws enacted in the pre-Independence British Raj contradicted the Constitution and may not stand scrutiny, he said, adding that such laws include some sections of the IPC and the Evidence Act