New Delhi: The Bharatiya Janata Party (BJP) and Congress unitedly came out in support of gay rights, saying that the Supreme Court must reconsider its judgment on gay sex.
While speaking at Times LitFest yesterday, Jaitley said the top court's view was not in sync with the jurisprudential development on gay rights world over.
The Union Minister further said that the apex court must review its 2013 judgment to do away with the penal provision in Section 377 as far as gay relationships are concerned.
"Supreme Court's 2014 verdict banning gay sex is not in accordance with evolving legal jurisprudence and court needs to reconsider it," he said.
"When millions of people world over are having alternative sexual preferences, it is too late in the day to propound a view that they should be jailed. The Delhi High Court's view appears more acceptable," Jaitley added.
Senior Congress leader and ex-union minister, P Chidambaram, spoke out in support of Jaitley saying the 'Supreme Court should not have reversed the Delhi High Court order de-criminalizing consensual sex among gay adults'.
Jaitley also said that after independence, the judicial system in the country was 'weak' as it was 'overpowered' by the governments and that there were many landmark judgments that 'resisted' the government's authority.
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.
Consensual sexual relationships in private was decriminalized by the Delhi High Court in 2009 but the decision was overruled by the Supreme court in 2013 following appeals by religious groups.
Section 377 of the Indian Penal Code stipulates a jail term of up to 10 years for people convicted of 'carnal intercourse against the order of nature'.
