NEW DELHI – The Supreme Court is all set to hear a number of pleaschallenging section 377 of the IPC today. Section 377 of the IPCcriminalises consensual gay sex between two adults.
The court also rejected the Centre’s plea to delay the hearings. The Centrehad filed a petition in the Supreme Court, requesting four more weeks tofile its response in the matter. The court, however, refused thegovernment’s plea. The hearing will commence as scheduled from July 10.
A five-judge bench headed by Chief Justice Dipak Misra and comprisingJustices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotrawill hear the pleas.
Section 377 refers to ‘unnatural offences’ and says whoever voluntarily hascarnal intercourse against the order of nature with any man, woman oranimal, shall be punished with imprisonment for life, or with imprisonmentof either description for a term which may extend to 10 years, and shallalso be liable to pay a fine.
The Delhi High Court, on July 2, 2009, had legalised homosexual acts amongconsenting adults, holding that the 149-year-old law making it a criminaloffence was violative of the fundamental rights. But, the Supreme Court in2013 restored section 377 thus criminalising homosexuality again. Reviewpetitions were filed after the Supreme Court’s decision in 2013. On thedismissal of these petitions, curative petitions were filed by the affectedparties for re-examination of the original verdict.
Several other fresh petitions, including a plea by a group of 20 former andcurrent students of the prestigious IITs, were also filed seekingrestoration of the Delhi High Court verdict in the case.
The apex court on January 8 referred to a five-judge constitution bench,several pleas filed by eminent citizens and NGO ‘Naaz Foundation’challenging the 2013 verdict which had re-criminalised gay sex betweenconsenting adults. It had also sought a response from the government.
The top court had dealt with two separate pleas filed by LGBT rightsactivists Arif Jafar, Ashok Row Kavi and others including Mumbai-based NGO’Humsafar Trust’ which fights for LGBT rights. It had on April 23 soughtthe Centre’s reply on a hotelier’s plea for striking down section 377. TheSupreme Court also received similar pleas by celebrities like dancer NSJohar, chef Ritu Dalmia and another hotelier Aman Nath challenging thevalidity of section 377 criminalising the consensual gay sex.
While agreeing to reconsider the 2013 verdict criminalising gay sex, thetop court had in January this year said the section of people orindividuals who exercise their choice should never “remain in a state offear”. It had also said the determination of the order of nature was not aconstant phenomenon as social morality changed from age to age.