Supreme Court likely to pronounce its verdict on Section 377 tomorrow
New Delhi, Sept 5 (IBNS): The Supreme Court is likely to pronounce its verdict on the validity of Section 377 of the Indian Penal Code on Thursday.
Section 377 holds gay sex as an offence in India.
In 2013, the top court had upheld gay-sex as an offence and did not consider the LGBT community as a negligible part of the Indian population.
Chief Justice of India Dipak Misra-headed five judge bench, which comprises R.F. Nariman, A.M. Khanwilkar, D.Y.Chandrachud and Indu Malhotra, was hearing the case in the apex court.
Chapter XVI, Section 377 of the IPC dates back to 1860 introduced during the British rule of India, and it criminalises sexual activities "against the order of nature", arguably including homosexual acts.
According to it, Unnatural offences means: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine."
The Delhi High Court verdict of July 2009 had not been challenged by the Government of India. Since then it was like a law in India. But the SC verdict changed all that and gay sex again became illegal in India.
The Delhi Court had read down Section 377 of the Indian Penal Code that criminalized homosexuality, ruling that gay sex between two consenting adults in private is not an offence.
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