Supreme Court to reconsider judgement on criminalisation of homosexuality, refers matter to larger bench
New Delhi, Jan 8 (IBNS): The Supreme Court on Monday said it will re-examine its 2013 verdict on Section 377 of the IPC which criminalised homosexuality and referred the matter to a larger bench, reports said.
A three-judge bench headed by CJI Dipak Misra made the observation in response to a writ petition filed by five members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community, who said they live in fear of police because of their natural sexual orientation and preferences.
It said the apex court would now reexamine the Constitutional validity of section 377, saying choice of people should not remain in a state of fear.
“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.
The court also issued a notice to the Centre seeking its response to a writ petition filed by five members of the LGBT community. The petitioners said they live in constant fear of police action because of their sexual preferences.
In 2009, the Delhi High Court decriminalised the Section 377. However, a Supreme Court bench of Justices G S Singhvi and S J Mukhopadaya in 2013 set aside the high court verdict.
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