LGBT Case: Supreme Court to revisit earlier verdict on Section 377


The Supreme Court will revisit its earlier verdict on Section 377 of the IPC which criminalized homosexuality. The matter will now be referred to a larger bench.

A three-judge bench headed by CJI Dipak Misra on Monday said the apex court would reexamine the Constitutional validity of section 377.

“A section of people or individuals who exercise their choice should never remain in a state of fear. Choice can’t be allowed to cross boundaries of law but confines of law can’t trample or curtail the inherent right embedded in an individual under Art 21 of Constitution,” the bench observed.

SC also issues a notice to the Centre seeking a response to a writ petition filed by five members of LGBT community, who say they live in fear of Police because of their natural sexual preferences.

The court order came on a petition by 10 individuals holding that IPC section 377 was “violative of fundamental rights under Article 14 (right to equality) and Article 21 (right to life)”.

The Supreme Court had earlier set aside a Delhi High Court verdict decriminalising the gay sex.

While referring the matter to a larger bench the court observed “what is natural to one may not be natural to others”.


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