New Delhi: Several Muslim leaders on Friday echoed the RSS and BJP’s sentiments on the Section 377 issue with some even warning the UPA government that it would be taught a lesson in the 2014 polls over its move to file a review petition against the Supreme Court verdict against homosexuality.
“Rahul Gandhi is dictating the Congress agenda for his personal reasons, against the majority opinion within Congress. Muslims are with BJP and RSS on this issue and there is no question of secularism and communalism in the matter,” said Ilias Azmi, former MP and a member of the AAP core committee.
Mr Azmi further said that in a civilised society, one cannot define freedom as absolute. He said, “This can only happen in jungles. Do UPA leaders want to make this country jungle for the personal interest of one leader?”
Welcoming the apex court verdict upholding Section 377 of Indian Penal Code, Qari M.M. Mazhari, editor of Secular Qayadat, said that same sex marriage was against the tenets of not only Islam, but all major religions of the world. “By going for a review petition, the UPA Cabinet is digging its own grave,” he said.
Gay law: Centre for review
The Union government on Friday moved the Supreme Court seeking a review of its verdict reviving Section 377 of IPC making gay sex an offence punishable with life term, saying “re-criminalisation” of sexual intercourse between consenting adults of same sex has put the LGBT community at risk of prosecution and harassment.
The government said the review petition has been filed to “avoid grave miscarriage of justice to thousands of LGBT (Lesbians, Gays, Bisexuals and Transgenders) people" who have been aggrieved by the apex court's December 11 judgement, contending that it is "unsustainable" as it "suffers from errors apparent on the face of the record".
The Centre's petition settled by Attorney General G.E. Vahanvati sought that oral arguments be heard in an open court before disposing of its review petition. The review petitions are generally decided in chamber hearing.
In the petition filed through advocate Devdutt Kamath, the Centre has taken 76 grounds to contend that the judgement passed by Justice G.S. Singhvi (since retired) and Justice S.J. MukhopÂadÂhaya "is contrary to well-established principles of law laid down by this court enunciating the width and ambit of FundÂamental Rights under Articles 14, 15 and 21 of the Constitution.”
The review petition contended that the December 11 verdict of the apex court setting aside the Delhi High Court's July 2, 2009 judgement decriminalising sexual intercourse between consenting adults of same sex, "suffers from glaring legal errors and seeks to invoke certain legal principles which were inapplicable in the facts of the present case".
“Following the High Court judgement that decriminalised adult consensual sexual acts in private, including homosexual acts, a considerable number of LGBT persons had become open about their sexual orientation and identity in their families, workplaces, educational institutions and public spaces, amongst others. All those people suddenly have become vulnerable to abuse and discrimination and require immediate relief,” it said.
