Centre leaves it to the wisdom of SC to decide validity of Section 377

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The Centre today told the Supreme Court that it would leave it to the wisdom of its judges to decide on the constitutional validity of Section 377 on the issue of criminalising unnatural intercourse between two consenting adults.

A five-judge constitution bench, headed by Chief Justice Dipak Misra, was told by Additional Solicitor General Tushar Mehta that the Centre has no objection with the court dealing with the validity of this penal provision.

The bench is hearing a batch of petitions challenging its 2013 verdict that had re-criminalised consensual sex between two consenting adults of the same gender.

The bench, also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, said it made it clear yesterday that only the constitutional validity of Section 377 will be dealt with by it.The apex court had commenced the hearing yesterday.

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