Is Gay Sex A Crime? Centre Says "Leave It To Wisdom Of Supreme Court"
On day 2 of the hearing, Tushar Mehta, the government lawyer, said, "we leave it to the court to decide".
New Delhi: The government has left it to the Supreme Court to decide whether gay sex between consenting adults in private will be considered a criminal act. The court is also free to decide whether the Section 377 of the Indian Penal Code is constitutionally valid. The change in the stand of the government -- which earlier upheld the 150-year-old gay sex law - came after last year's landmark order of the Supreme Court on the Right To Privacy. Declaring privacy as a fundamental right, the court had said the law can't "trample or curtail" the constitutional right to life and liberty.
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