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Gay sex: SC agrees to consider curative petition in open court

New Delhi: The Supreme Court today agreed to consider the plea for an open court hearing on curative petitions filed by gay rights activists against its verdict criminalising homosexuality.A bench headed by Chief Justice P

PTI Published : Apr 03, 2014 12:05 IST, Updated : Apr 03, 2014 12:07 IST
The court had said it did not see any reason to interfere with the December 11, 2013 verdict and had also rejected the plea for oral hearing on the review petitions which are normally decided by judges in chamber without giving an opportunity to parties to present their views.  

The Supreme Court had on December 11, 2013 set aside the Delhi High Court judgement decriminalising gay sex and thrown the ball in Parliament's court for amending the law.  

The judgement revived the penal provision making gay sex an offence punishable with life imprisonment in a setback to people fighting a battle for recognition of their sexual preferences.

While setting aside the July 2, 2009 judgement of the Delhi High Court, the apex court had held that Section 377 (unnatural sexual offences) of the IPC does not suffer from the vice of unconstitutionality and that the declaration made by the high court is legally unsustainable.  

Amid huge outrage against the judgement, the Centre had also filed a review petition in the apex court seeking a relook to “avoid grave miscarriage of justice to thousands of LGBT” persons who have been aggrieved by the apex court judgement contending it is “unsustainable” as it “suffers from errors”.

The gay rights activists and organisations had said thousands from the LGBT community became open about their sexual identity during the past four years after the high court decriminalised gay sex and they are now facing the threat of being prosecuted.

They had submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBT community.
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