SC reserves verdict on pleas challenging constitutional validity of Section 377
India | July 17, 2018 19:09 ISTThe verdict is likely to be pronounced before October 2 this year as Justice Misra would be retiring as CJI on that day.
The verdict is likely to be pronounced before October 2 this year as Justice Misra would be retiring as CJI on that day.
"We leave validity of Section 377, so far as it relates to consensual acts between two adults, to wisdom of Court," the Centre told the Supreme Court.
The SC bench made it clear that it will only confine the hearing to the constitutional validity of Section 377, which criminalizes homosexuality.
Appearing for the petitioners, former Attorney General Mukul Rohatgi, argued that Section 377 violates one's human rights. "The issue deals only with sexual orientation and it has nothing to do with gender," Rohatgi said.
A group of present and past students of IITs across the country on Monday moved the Supreme Court to challenge the constitutional validity of Section 377 of the IPC that criminalises homosexual activity and other unnatural sex.
Section 377 IPC violates the fundamental right to privacy and does not meet the three-fold requirements laid down by this Court ..., which may justify restraints on privacy, the fresh plea said.
Owing to Section 377 of the IPC continuing on the statute book, various adult and consenting members of the LGBTQ (Lesbian, Gay, Bisexual and Transgender and Queer) community continue to face the threat of a false prosecution, the plea said.
A five-judge SC bench will commence the hearing on a range of crucial matters from January 17, including Aadhaar, Section 377, Sabarimala, religious identity of women after marriage and several others.
The apex court on Monday directed the review of Section 377 of the Indian Penal Code, which bans any kind of sex not between a man and a woman.
The Supreme Court said that the issue arising out of section 377 of the IPC required to be debated upon by a larger bench.
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