Supreme Court to hear today pleas against section 377 that criminalises gay sex
New Delhi, July 10 (IBNS): Revisiting its own order, the Supreme Court will hear the pleas against section 377 which holds gay-sex as an offence in the eyes of law, media reports said.
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, will hear the case on Tuesday.
The court has also agreed that the concept of consensual sex needs more protection.
On Monday, the top court even rejected the Centre's plea to defer the hearing by four weeks.
Meanwhile, the LGBTQ community is keeping its fingers crossed.
Gay activist Ashok Row Kavi tweeted. 'Oh dear, Section 377case is listed now in 10th. Hope this is the last lap of this long journey.'
Oh dear, Section 377case is listed now in 10th. Hope this is the last lap of this long journey https://t.co/kBssIgB3CS
— Ashok Row Kavi (@Amma29) July 9, 2018
The section 377 criminalises consensual sexual activities of Lesbian, Gay, Bi-sexual and Transgender (LGBT) adults in private.
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 Supreme Court on Dec 11, 2013 had set aside a landmark pro-LGBT judgement of Delhi High Court in 2009, by ruling that homosexuality would continue to remain illegal in the country and would not be constitutionally invalid.
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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