Govt's duty to protect gay rights: Harsh Vardhan

BJP had supported the Supreme Court judgment which had upheld the validity of Section 377 of Indian Penal Code, criminalizing sex among homosexuals

In a statement that appears quite contrary to Bharatiya Janata Party's stand, Union health minister Harsh Vardhan on Thursday said it was the government's responsibility to protect the rights of the gay community.

"Everybody, including gays, have human rights. It is the job of the government to protect their rights," Vardhan said on the sidelines of an event in New Delhi. He, however, declined to make further comments when asked to explain his position as his party had supported the Supreme Court judgment which had upheld the validity of Section 377 of Indian Penal Code, criminalizing sex among homosexuals.

Vardhan's comment has created a stir because BJP, which was in opposition when the Supreme Court judgement came in 2013, had passed the ball to government saying the party would take a position depending on the official move. The Supreme Court is at present hearing a curative petition on the matter.

Of late, Vardhan has been in news through his views on sex education and condoms after he assumed charge as health minister in the new government at the Centre.

Vardhan was quoted in New York Times article as saying, "One should also promote integrity of sexual relationship between husband and wife - a part of Indian culture. The thrust of the AIDS campaign should not only be on the use of condoms. This sends the wrong message that you can have any kind of illicit sexual relationship, but as long as you're using a condom, it's fine". However, the minister later claimed he was misquoted.

On the gay rights issue, senior BJP leaders have earlier spoken in different voices. Home minister and then party president Rajnath Singh had termed gay sex "unnatural", while another senior leader and present finance minister Arun Jaitley had taken a more liberal position, saying he tended to agree more with the Delhi High Court order decriminalizing gay sex, which was later overturned by the apex court.