The government had not considered repealing Section 377 of the Indian Penal Code, which criminalises consensual gay sex, while amending laws

The government had not considered repealing Section 377 of the Indian Penal Code, which criminalises consensual gay sex, while amending laws after the 2012 gang-rape case in Delhi, Union Minister of State for Home Hansraj Gangaram Ahir said today. "No, madam (Speaker)," was his written reply in Lok Sabha in response to a question on whether the Home Ministry had contemplated repealing Section 377 during its consideration for amendments in the wake of the gang-rape.

No plans to repeal Article 377 after 2012 gangrape case

Ahir said the Justice J S Verma Committee was set up after the incident to examine and recommend amendments in criminal law with respect to crimes against women.  The committee did not make any recommendation in relation to Section 377 of the IPC, he said. On July 11, the Centre had told the Supreme Court that it would leave it to the wisdom of its judges to decide on the constitutional validity of Section 377.

Chief Justice Dipak Misra

A five-judge constitution bench headed by Chief Justice Dipak Misra, which was hearing a batch of petitions challenging its 2013 verdict that had re-criminalised sex between two consenting adults of the same gender, was told by the Centre that it has no objection with the court dealing with the validity of this penal provision.