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The Supreme Court Tuesday rebuffed an attempt by the government to distance itself from submissions made by Additional Solicitor General P.P. Malhotra that homosexuality was immoral.

An apex court bench of Justices G.S. Singhvi and S.J. Mukhopadhyay said it could not accept new submissions of the government that there was nothing wrong with a Delhi High Court verdict striking down Section 377 of the Indian Penal Code relating to gay sex.

Additional Solicitor General Mohan Jain, who appeared for the health ministry Tuesday said: “There does not appear to be any legal error in the Delhi High Court judgment and the Supreme Court may take a final view whether the judgment of the high court is legally correct or not correct.”

But Justice Singhvi, refusing to accept the government’s new submission, saying: “We don’t allow anybody to waste our time.”

The high court had July 2, 2009 decriminalized Section 377 in respect of sex between consenting adults of the same sex.

Malhotra, who had appeared for the home ministry, had told the court last week that homosexuality was immoral and contributed to the spread of HIV. But hours later, the home ministry issued a statement stating the government had not taken any position on banning homosexuality.



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