India’s government has declined to take a position on the decriminalization of gay sex, leaving a decision about whether to strike down a colonial-era law entirely up to the country’s top court.
Additional Solicitor General Tushar Mehta, acting on behalf of India’s national government, said the issue of legalizing gay sex rests with the "wisdom of the court." The Supreme Court of India on Tuesday began hearing a case that could strike down a 158-year-old law that criminalizes gay sex in the world’s second-most populous country.