Supreme Court begins hearing pleas against section 377 that criminalises gay sex

The Supreme Court bench said it would examine the "correctness" of its 2013 verdict that left India's rights groups and LGBTQ people heart broken as it reversed the Delhi High Court ruling that read down the British era law.

According to an NDTV report, one of the petitioners' lawyers, Mukul Rohatgi, argued on Tuesday that 'our case is that sexual orientation is not a matter of choice and has something to do with genes.'

In 2013, the top court had upheld gay-sex as an offence and did not consider the LGBT community as a negligible part of the Indian population.

Chief Justice of India Dipak Misra-headed five judge bench, which comprises R.F. Nariman, A.M. Khanwilkar, D.Y.Chandrachud and Indu Malhotra, are hearing the case on Tuesday.

On Monday, the top court even rejected the Centre's plea to defer the hearing by four weeks.

Meanwhile, the LGBTQ community is keeping its fingers crossed.

Gay activist Ashok Row Kavi tweeted. 'Oh dear, Section 377case is listed now in 10th. Hope this is the last lap of this long journey.'

Bollywood film writer Apurva Asrani tweeted; 'Fingers crossed as the Supreme Court hears the petitions against #Sec377 today. Might serve us well to remember that this is not just an ‘anti-gay’ law. It is a law that can be used against us all; #LGBTQi or straight. 377 robs India’s sexuality of its dignity, and it has to go.'

Social commentator Tehseen Poonawalla tweeted; 'There is nothing called Homophobia ! There is nothing called Homophobia coz there is NOTHING to fear .You scared of 2 men holding hands or 2 women kissing & yet u do not fear 2 men holding guns ? There is nothing to be scared - you are just filled with hate !! #Section377'

'The struggle for openness & intimacy is a lifelong struggle for all of us, straight or gay !" he posted.

The section 377 criminalises consensual sexual activities of Lesbian, Gay, Bi-sexual and Transgender (LGBT) adults in private.

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 had not been challenged by the Government of India. Since then it was like a law in India. But the SC verdict changed all that and gay sex again became illegal in India.

The Delhi Court had read down Section 377 of the Indian Penal Code that criminalized homosexuality, ruling that gay sex between two consenting adults in private is not an offence.