Although legal pundits are divided on this, the law laid down by a 2004 SC judgment implies that homosexuals across the country may rest assured that they too are entitled to the benefits of the historic Delhi high court decision on Section 377 IPC. In Kusum Ingots vs Union of India, a three-judge bench of the Supreme Court had ruled: “An order passed on writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, will have effect throughout the territory of India subject of course to the applicability of the Act.”Though under pressure from religious groups of all hues to appeal against the Delhi High Court order legalising gay sex, the Manmohan Singh government is unlikely to move the Supreme Court on its own. The opinion in the government on the fraught issue is far from settled and the Delhi HC may have spared it the tough task of coalescing divergent views into a position. In fact, Congress spokesperson Abhishek Singhvi indicated as much when he said that "the verdict has rendered legislative intervention meaningless".
