Section 377: Supreme Court to revisit 2013 judgment, refers matter to larger bench

The Supreme Court can get back its earlier finding on Section 377 of the IPC that criminalised homosexualism. The matter can now be observed a bigger bench. A three-judge bench headed by CJI Dipak Misra on Monday aforesaid the apex court would analyze the Constitutional validity of Section 377.

“A section of people or individuals who exercise their selection ought to ne’er stay in a state of fear. alternative can’t be allowed to cross boundaries of law however confines of law can’t trample or curtail the inherent right embedded in an individual under Art 21 of Constitution,” the bench ascertained.

The court additionally issued a notice to the Centre seeking its response to a judicial writ petition filed by 5 members of the LGBT community. The petitioners aforesaid they live in constant worry of police action due to their sexual preferences.

Earlier in 2009, the Delhi high court decriminalised Section 377. However, a bench of Justices G S Singhvi and S J Mukhopadaya in 2013 put aside the high court verdict.

In August this year, the Supreme Court, in its landmark judgment on the privacy issue, aforesaid that “sexual orientation is an important attribute of privacy”.

It aforesaid that the “right to privacy and the protection of sexual orientation lie at the core of the basic rights secured by Articles 14, 15 and 21 of the Constitution”.

A curative petition filed by Naz Foundation and others on Section 377 has been pending before a five-judge Constitution Bench since 2014. The colonial-era IPC Section 377 criminalises sexual activities that are “against the order of nature”, together with consensual sex between couples who are from the LGBTQI community (lesbian, gay, bisexual, transgender, queer, intersex).

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