NEW DELHI: Thanks to the right to privacy being deemed a fundamental right, the Supreme Court <link> (SC <link>) today agreed to reconsider its 2013 decision <link>which criminalised gay sexual relations and said it will review Section 377 <link> of Indian Penal Code that makes such relations a crime, Times of India has reported.
The SC today also issued a notice to the Centre seeking its response to a writ petition filed by five members of the lesbian, gay, bisexual, transgender and queer (LGBTQ <link>) community, who said they live in fear of police because of their natural sexual orientation and preferences. The apex court also referred to a Constitution bench the petition seeking to decriminalise consensual sex between LGBTQ adults.
In December 2013, the SC set aside the Delhi High Court's 2009 verdict decriminalising homosexuality.
A three-judge bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the SC' s December 2013 judgment upholding the validity of Section 377 - which says sexual intercourse between consenting adults of the same gender is a crime - appears to hurt the sexual preferences of individuals.
The three-judge bench took into account views expressed in another judgment in August, which gave the right to privacy the status of a fundamental right. That judgment was also in favour of respecting the freedom of individuals to their sexual orientation.