'The correctness of the judgement has been questioned in an appeal before the Supreme Court. The high court has interpreted Section 377 IPC and read down this section so that the section is consistent with Articles 14, I 5 and 2 I of the Constitution. 'The high court has not struck down the entire Section 377 IPC. In an affidavit filed by Union Home Secretary R K Singh it was submitted that the GoM in their meeting held on Jrecommended to the Cabinet that the following view may be submitted by the Government before the Supreme Court. The stand taken by Jain, appearing for the Union Health Ministry, was contrary to the argument by Additional Solicitor General P P Malhotra, who had opposed decriminalisation of gay sex on behalf of the Home Ministry.
