Gay sex: Centre leaves decision to SC’s ‘wisdom’

Satya Prakash

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Tribune News Service

New Delhi, July 11

The Centre on Wednesday steered clear of the controversy surrounding the demand to legalise gay sex by simply leaving it to the “wisdom” of the Supreme Court to decide the validity of Section 377 of the Indian Penal Code that criminalises homosexual relations between consenting adults.

“So far as the constitutional validity Section 377 to the extent it applies to consensual acts of adults in private is concerned, the Union of India would leave the said question to the wisdom of this Hon’ble Court”, the Ministry of Home Affairs said in an affidavit filed in the top court.

“It means you (Centre) are not contesting it,” Chief Justice of India Dipak Misra commented after Additional Solicitor General Tushar Mehta submitted the MHA affidavit.

A five-judge Constitution bench of CJI Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra is hearing petitions challenging the constitutional validity of the British-era law.

The Centre’s stand has been a matter of controversy in the past as during the hearing on petitions in the Delhi High Court the Ministry of Health and Ministry of Home Affairs had taken contradictory stands. While the Health Ministry supported the petitioners against Section 377 of the IPC, the MHA had opposed it.

But interestingly, the Centre had not challenged the Delhi High Court’s verdict legalising gay sex. Later, the Supreme Court had reversed the verdict.

“If this court is pleased to decide to examine any other question other than the constitutional validity of Section 377 of the IPC, or to construe any other right in favour of or in respect of LGBTQ, the Union of India would like to file its detailed affidavit in reply,” the affidavit stated.