The Centre today informed the Supreme Court that the Government is opposed to the de-criminalization of gay sex between consenting adults and said gay sex is immoral and against the Indian social order.

Expressing its views on a batch of 16 writ petitions that questioned the Delhi High Court’s 2009 judgment which legalized the gay sex among consenting adults, the Centre told the apex court that the moral and social values are different in India.

“We can’t be guided by the customs of the West,” counsel for the Union Home Ministry told the court.

The Delhi High Court in its judgment declared that gay sex among consenting adults is not illegal and held that the law making it a criminal offence violates fundamental rights.

“Section 377 of IPC criminalizing the consensual sexual acts of adults in private violates Articles 14, 21 and 15 of the Constitution. However, section 377 of the Indian Penal Code, which criminalizes homosexuality will continue for non-consensual and non-vaginal sex,” ruled the HC’s bench consisting of Chief Justice AP Shah and Justice S Murlidhar. (JUBS)