SC pulls up Centre for shifting stand on homosexuality

The Centre on Tuesday favoured decriminalisation of gay sex in Supreme Court, contradicting its earlier stand and drawing the apex court's ire, prompting it to remark that the government must not make a mockery of the system.

As the proceedings began in the controversial case, Additional Solicitor General Mohan Jain told the bench that as per the government decision there is no legal error in the Delhi High Court verdict which had decriminalised gay sex in 2009.

The stand taken by Jain, who appeared for the Union Health Ministry, was contrary to the argument by Additional Solicitor General PP Malhotra, who had appeared for the Ministry of Home Affairs and had opposed decriminalisation of gay sex.

Taking a strong exception to the change in government's stand, the bench of justices GS Singhvi and SJ Mukhopadhaya pulled up the Centre and asked it not to make a mockery of the system.

"Don't make (a) mockery of the system. ASG Malhotra has already argued the case for more than three hours. Don't waste the court's time," the bench said.

"We noted down arguments put forward by the Home Ministry. So now you tell the stand of your ministry," the bench told Jain.

It allowed Jain to argue on behalf of the Health Ministry in support of decriminalisation of gay sex.