I t said that any discrimination on the grounds of sexual orientation was against Article 15 of the Constitution, which prohibits any discrimination on grounds of sex, religion, caste or place of birth.



'We hold that sexual orientation is a ground analogous to sex and that discrimination on the basis of sexual orientation is not permitted by Article 15.'



The bench pulled up the government for its stand that judiciary should refrain from interfering on the issue as it pertains to legislative function coming under the ambit of Parliament. 'We are constrained to observe that the submission of Additional Solicitor General reflect rather poorly on his understanding of the constitutional scheme.

'The judiciary is constituted as the ultimate interpreter of the Constitution and to it is assigned the delicate task of determining what is the extent and scope of the power conferred on each branch of government,' the bench said.