IPC 377: Supreme Court refers to 5-judge bench petition on gay sex

The petition thus has not been dismissed yet by the Supreme Court, neither it issued any notice to the government, leaving hope for the LGBT and human rights groups. 

 

"This is a progressive step and a move in the right direction against the disastrous judgement two years ago against the High Court verdict that read down Section 377 and had de-criminalized gay sex," said an LGBT activist present outside the court. 

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

An apex court bench headed by chief justice TS Thakur  heared the curative petition.

The Supreme Court on Dec 11, 2013 set aside a landmark pro-LGBT judgement of Delhi High Court in 2009, by ruling that homosexuality would continue to remain illegal in the country and would not be constitutionally invalid.

The Delhi High Court verdict of July 2009 had not been challenged by the Government of India. Since then it is like a law in India. But the SC verdict changed all that and gay sex will again be 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.

The Supreme Court in 2014 rejected a petition filed by the Centre seeking a review against its  2013 verdict that criminalized gay sex.

India's LGBT groups and HIV/AIDS fighters had been be vocal about decriminalizing homosexuality, which is a legacy of the British colonial law.

Section 377 has been used by the police and other groups to harass homosexuals.