Is Gay Sex A Crime? Centre Says Leave It To Wisdom Of Supreme Court


The Supreme Court is hearing a bunch of petitions that call for the scrapping of Article 377.

New Delhi: 

On a 150-year-old ban on gay sex in India, the government indicated to a five-judge Constitution Bench that it would not take a stand. “We leave it to the wisdom of the court,” the government’s lawyer said in the Supreme Court.

The senior most judges are hearing a bunch of petitions that call for the scrapping of Article 377, a British-era law that prescribes a life term in jail for gay sex.

On day 2 of the hearing, Tushar Mehta, the government lawyer, said, “we leave it to the court to decide”.

Chief Justice of India Dipak Misra responded: “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?”

The bench yesterday said 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”.

As petitions for a relook into the 2013 order kept piling up, the top court decided to take a fresh look at the matter in January, citing changing “social morality”.





Source link

Leave a Reply

Your email address will not be published. Required fields are marked *