India awaits Supreme Court verdict on gay sex as judges set to rule on Section 377 today
New Delhi, Sept 6 (IBNS): The Supreme Court is likely to pronounce its verdict today on whether homosexuality will continue to remain a crime in India with the top court set to rule on the validity of Section 377 of the Indian Penal Code.
A five-judge bench headed by Chief Justice of India Dipak Misra will deliver its verdict on whether Section 377 that holds gay sex as an offence in India will remain or not. In 2013, the top court had upheld gay-sex as an offence though this section was read down by the Delhi High Court in July 2009 in response to a Naz Foundation petition in the Delhi high court against Section 377.
That judgement was overturned by the Supreme Court on 11 December 2013 holding that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.
Besides Chief Justice Dipak Misra the bench comprises judges R.F. Nariman, A.M. Khanwilkar, D.Y.Chandrachud, and Indu Malhotra.
In Aug 2017, the Supreme Court had held Right to Privacy as a fundamental right. It also ruled that sexual orientation is an "essential component of identity". In July this year, the apex court began hearing petitions challenging Section 377 wth indications that it might be repealed.
Chapter XVI, Section 377 of the IPC dates back to 1860 introduced during the British rule of India, and it criminalises sexual activities "against the order of nature", arguably including homosexual acts.
According to it, Unnatural offences means: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine."
The Delhi High Court verdict of July 2009 was not challenged by the Government of India. Since then it was like a law in India. But the SC verdict of 2013 changed all that and gay sex again became illegal in India.
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