The Supreme Court today commenced a crucial hearing on a clutch of petitions seeking decriminalisation of consensual sex between two adults of the same gender. A five-judge constitution bench headed by Chief Justice Dipak Misra said it will also examine the correctness of its 2013 verdict that had set aside the Delhi High Court judgement decriminalising gay sex.
The apex court had in 2013 restored sexual relationship between persons of the same sex as a criminal offence by setting aside the 2009 Delhi High Court judgement that had held as unconstitutional section 377 of the IPC, which makes such actions between two consenting adults of same sex as a penal offence.
During the hearing today, the bench, also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said it would examine the constitutional validity of section 377 of the IPC and the fundamental rights of the LGBTQ community.
Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal inter course 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 a term which may extend to 10 years, and shall also be liable to pay a fine.
Section 377 hearing in SC: 'If a person has different sexual orientation, it can’t be treated as a crime'
New Delhi: A five-judge bench of the Supreme Court on Tuesday heard a number of pleas challenging re-criminalisation of unnatural sex between two adults of the same gender. On Monday, the Supreme Court had rejected the Centre's plea to postpone the crucial hearing. The five-judge bench is headed by Chief Justice Dipak Misra. Justices RF Nariman, DY Chandrachud, AM Khanwilkar and Indu Malhotra comprise the rest of the bench.
What is Section 377? The Section 377 of the Indian Penal Code says, "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 a term which may extend to ten years, and shall also be liable to fine."
SC hearing on Section 377: As it happened