Updated on Tuesday, December 02, 2008, 00:00 IST

New Delhi, Dec 02: The Centre has questioned the power of the judiciary for legalising gay sex in the country and said that courts should refrain from doing so as it might amount to encroaching legislative functions.

"The court is not the authority to decide what should be the law or what should not be the law. These are the functions of the Parliament and the will of the Parliament is represented by its members. They know the will of their people, the difficulties of their people," Additional Solicitor General P P Malhotra said.

"It may not be proper for the court to assume the role and will of the people or to act as a Parliament to change the law," he said in his 100-page written submission filed in the Delhi High Court.

Centre's response came on a PIL filed by gay rights activists seeking court's direction for legalising gay sex among consenting adults in private.

Gay sex at present is an offence in the country and Section 377 of Indian Penal Code provides a punishment upto life imprisonment for indulging in such acts.

"What are the laws and what could be the law should be left to the wisdom of the Parliament. Neither the courts are equipped nor is it the function of the court to decide what the law should be. The courts have only to interpret the law as it is," the ASG said.

The government said that homosexual traits are reflection of perverse mind which could adversely impact Indian culture if it is decriminalised.

Bureau Report