Supreme Court on decriminalizing Gay sex , Says will not Contest SC decision on Section 377

Supreme Court on decriminalizing Gay sex , Says will not Contest SC decision on Section 377

The constitutionality of Indian Panel Code’s section 377, which criminalises homo-sexuality ,is best decided by the Supreme Court, the Government of India , Today Said. A CJI –Lead five judge Constitution bench is currently considering weather to strike down or read down provisions of section 377 that penalize ‘unnatural’ sexual intercourse between consenting adults.

 

Centre on Wednesday put the onus of deciding the fate of Section 377 on the Supreme Court (SC). And the SC on its part , gave a strong indication it, plans to go ahead and scrap the section that criminalises homosexuality.

 

A five judge constitution bench headed by Chief Justice Dipal Misra on Wednesday began hearing of petitions challenging a 158 year old colonal era that criminasies gay sex. The bench comprises Justice R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malohrta besides the CGI.

 

During the hearing yesterday , the apex court had observed that colonial laws like section 377 will have to pass the Rigours of the Constitution.

 

Opening his arguments, former Attorney General and Senior advocate Mukul Rahatogi, Appearing for petitioner and dancer Navtej Jauhar, said he wanted a declaration from the apex court that rights of those who formed sexual minority are protected under Article 21 and first issue would be test the correctness of the 2013 judgement.

 

The centre made these comments in an affidavit filed by additional Solicator General Tusha Mehta. The affidavit was submitted in the Supreme court over during an ongoing hearing on petitions filed against the court’s 2013 ruling that in effect re-criminalised homosexuality.

 

Section 377 of IPC refers to unnatural offences and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life.

 

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