Let SC take decision on gay sex: Centre

New Delhi: The Union of India, during a hearing before the Supreme Court on Wednesday, submitted a three-page affidavit stating that it has no stand as regards the decriminalisation of the gays sex, therefore it was up to the apex court to take a decision on the issue.

A five-judge constitution bench, headed by Chief Justice of India (CJI) Dipak Misra and also comprising Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra was hearing the petitioners' submissions in the Lesbian, Gay, Bisexual, Transgender and Queen (LGBTQ) matter.

The Additional Solicitor General (AAG) Tushar Mehta, senior law officer, representing the Central Government, told the five-judge constitution bench the Centre will leave the matter of constitutionality of Section 377 to be decided by the top court.

Mehta said it is for the court to decide the matter. "It is up to this honourable court to decide the matter," Mehta told.

The matter is still going on before the Supreme Court. (UNI)