The government today tied itself in knots in the Supreme Court by first disapproving the decriminalisation of gay sex terming it as "highly immoral" and later taking a different line, drawing sharp criticism from the bench.

Appearing for the Home Ministry, Addition Solicitor General P P Malhotra, argued that gay sex is against social order and the Indian society cannot imitate the practices prevailing in foreign countries. 

As media reported the government stand, the Home Ministry quickly distanced itself from the ASG's stand and came out with a statement even as the court proceedings were underway, saying it has not taken any stand on the Delhi high Court order decriminalising homosexuality.

"Ministry of Home Affairs has not taken any position on homosexuality... Ministry of Home Affairs has also not given any instruction apart from conveying the decision of the Cabinet," it said.

It said the Attorney General has been asked only to assist the apex court. The Home Ministry said the matter was considered by the Cabinet and the decision of the Cabinet was that Central Government may not file an appeal against the
judgement to the Supreme Court.