SC refuses to defer hearing on sec 377

The Supreme Court on Monday refused to adjourn Tuesday’s proposed hearing by a fivejudge Constitution bench on a batch of petitions challenging its verdict that had re-criminalised consensual carnal sex between two adults.

A bench headed by Chief Justice Dipak Misra refused to defer the hearing after the Centre sought more time to file its response on PILs on gay sex. “It will not be adjourned,” the bench said.

The newly re-constituted fivejudge constitution bench is scheduled to commence hearing of four crucial matters, including the issue of sexual relationship between persons of same sex, from Tuesday.

In 2013, the SC had restored sexual relationship between persons of same sex as a criminal offence, setting aside the Delhi High Court’s 2009 judgement decriminalising Section 377 of IPC. Review petitions were filed, and on their dismissal curative petitions were filed by the affected parties for re-examination of the original verdict.

During the pendency of the curative petitions, the plea was made that an open court hearing should be granted and after the apex court agreed to it, several fresh writ petitions were filed seeking decriminalising of Section 377.

The five-judge bench will be headed by Chief Justice Dipak Misra and would comprise justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

NEWDELHI: