New Delhi, July 11: The Constitution Bench of Supreme Court has resumed hearing the pleas seeking the scrapping of Section 377 of IPC which criminalises homosexuality. On Day 2 of the hearing session, ASG Tushar Mehta tells the five-judge constitution bench of SC that the Centre will leave the matter of constitutionality of Section 377 to be decided by the Court.
Mehta further said that the Centre won't contest provision as regards to consensual sex between adults and leaves it to the Bench, but seeks clarification on bestiality. It is okay with consensual acts in private. Centre has asked Supreme Court to decide on the matter, and has filed an affidavit in top Court.
— Bar & Bench (@barandbench) July 11, 2018
The case is being heard by the newly reconstituted bench, headed by Chief Justice Dipak Misra and comprise Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. They examined the petitions claiming that the 2013 judgment was wrong.
In 2009, the Delhi high court had decriminalised gay sex, ruling that a ban on a consensual sexual relationship between gay men is a violation of fundamental rights. Thus, legalising homosexual acts between consenting adults. However, Supreme Court had reversed the High Court order in December 2013, and pointed out that those indulging in gay sex will be prosecuted and sentenced under Section 377.