Supreme Court to review 2013 verdict on criminalising gay sex

Will homosexuality be decriminalised? Image via Pixabay. Photograph:( Others )

WION Web Team Delhi, India Jan 08, 2018, 08.18 AM (IST)

The Supreme Court has decided to "refer to a larger bench" a plea that seeks to decriminalise gay sex.

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

Justice A M Khanwilkar and D Y Chandrachud will also constitute the bench. 

The Central government has been nudged by the Supreme Court for a response to a writ petition filed by a group of the LGBT community led by Navtej Singh Johar. 

"You can't put in jail two adults who are involved in consenting unnatural sex," Johar's advocate, Arvind Datar noted. 

Datar also referred to the 2009 Delhi High Court judgement delivered on a plea of NGO 'Naz Foundation' in which the provision was held unconstitutional.

The Delhi High Court had in July 2009 de-criminalised consensual homosexual acts in private saying “the section (377) denies a gay person a right to full personhood…”

A two-judge bench of the apex court criminalised gay sex under Section 377 of the Indian Penal Code in 2013.

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.

Meanwhile, Supreme Court's move is being lauded and welcomed by people from all across the country. 

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