New Delhi | The Central government on Wednesday stated that it won’t take a stand on the age old ban on gay sex in India. The final decision will be left to be decided by the wisdom of the apex Court, the government’s lawyer said in the Supreme Court.
Tushar Mehta who is representing the Union Government told the 5 Judge constitutional bench of the Supreme Court that “we leave it to the court to decide”. The Supreme Court Constitutional bench is hearing a bunch of petitions that call for the elimanating section 377, which calls for life term in jail for gay sex.
Responding to Tushar Mehta’s statement, Dipak Misra said, “So you are leaving it to our wisdom whether 377 deals with crime and whether it should be as a crime or not we will deal with it?”
Earlier the bench said while hearing the petition said that it would only examine the “correctness” of its verdict of 2013 cancelling a Delhi High Court judgment that said the law criminalizing gay sex was “unconstitutional”.
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