New Delhi: The Centre has filed an affidavit and left the matter related to the validity of Section 377. to the Supreme Court to decide on of the IPC.
“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 Centre affidavit read.
On a related note Section 377 of the IPC refers to 'unnatural offences' and says whoever willingly has sexual intercourse against the order of nature with any man, woman or animal, shall be penalized with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be legally responsible to pay a fine.
The constitution bench on Tuesday resumed hearing in the matter.
The Top Court in 2013 had decided not to consider the Delhi High Court's 2009 ruling to de-criminalizing consensual gay sex among adults after which review petition was filed and was soon after rejected.
Post these pleas, as the last judicial remedy, 6 petitioners had filed curative petitions which the Supreme Court had agreed to hear in the open court.
Following which, a number of individuals came out with summons petitions. During the hearing on Tuesday, the constitution bench gave clarifications that it was not tagging the curative petitions with the current bulk of pleas.