Q: Could you take us through the thought process of why the Government has decided to repeal Section 377A now, in the context of the latest judgment?
A: You heard the Prime Minister. I, the Attorney-General, both advised him that there is a significant risk of S377A being struck down in a future challenge, on the basis that it breaches the Equal Protection provision in the Constitution. The Attorney-General and I came to this view, we talked to other lawyers as well. We carefully studied the judgment, and, in this case, the Court of Appeal ruled on many points, but it expressly refrained from ruling on whether S377A breaches the Equal Protection provision in Article 12 of the Constitution.
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