Has to be Section 377 for gay people who 'flaunt it': Subramanian Swamy

'... but if you flaunt it, it has to be punished and therefore there has to be Section 377,' Swamy then added.   Photograph:( Twitter )

WION Web Team New Delhi, Delhi, India Jan 08, 2018, 02.56 PM (IST)

After the Supreme Court's decision Monday to "refer to larger bench" a plea that sought to decriminalise gay sex, BJP leader Subramanian Swamy said "there has to be Section 377". 

ANI reported Swamy as saying that "as long as they don't celebrate it... don't create gay bars to select partners, it's not a problem. In their privacy, what they do, nobody can invade."

But he then added, "... but if you flaunt it, it has to be punished and therefore there has to be Section 377". 

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The SC bench that will reconsider and re-examine the constitutional validity of Section 377 will be headed by the Chief Justice of India Dipak Misra.

The court has asked the Centre for a response to a writ petition filed by an LGBT group led by Navtej Singh Johar.

Section 377 of the IPC describes homosexuality as an "unnatural offence" and says whoever voluntarily has carnal intercourse against the order of nature shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to pay a fine. 

Section 377 had been struck down by the Delhi High Court in 2009 but the landmark judgement was set aside by the Supreme Court in 2013 on the grounds that it was the legislature's job to do away with the section.