All eyes on SC: Gay sex ruling due today

◗ At present, sex between two consenting adults of the same gender is an offence.

The Supreme Court is likely to deliver a historic verdict Thursday on a batch of petitions challenging the validity of Section 377 IPC and seeking to de- criminalise gay sex between two consenting adults. At present gay sex is an offence.

A five- judge Constitution Bench of Chief Justice Dipak Misra and Justices Rohinton Nariman, A. M. Kanwilkar, D. Y. Chandrchud and Indu Malhotra, will give its ruling on whether the right to choose a partner of a different gender would also include the right to choose a partner of the same sex.

The court is expected to extend the scope of the “right to privacy” to choose a partner of same sex and to remove the criminality attached to Section 377. The court may rule on legalising gay sex and decriminalise Section 377.

The Supreme Court will give its historical verdict on Thursday on a batch of petitions on the validity of Indian Penal Code ( IPC) Section 377 and seeking to de- criminalise gay acts between two consenting adults. At present gay sex between two consenting adults is an offence.

A five- judge constitution bench comprising the Chief Justice Dipak Misra and Justices Rohinton Nariman, A. M. Kanwilkar, D. Y. Chandrchud and Indu Malhotra will give judgment on whether the right to choose a partner of different gender would also include the right to chosose a partner of same sex.

The court is expected to extend the scope of ‘ right to privacy’ to choose a partner of same sex and to remove the criminality attached to Section 377. In doing so the court will decide on legalising gay sex and decriminalises Section 377.

The court had earlier observed that an environment has been created in the Indian society over the years that have led to deep- rooted discrimination against the gay community, which has also adversely impacted their mental health.

Gay people are generally referred to as LGBTQ ( lesbians, gay, bisexuals, transgenders and queers). As of October 2017 gay sex is legal in 25 countries — Netherlands, Belgium, Canada, Spain, South Africa, Norway, Sweden, Mexico, Iceland, Portugal, Argentina, Denmark, Uruguay, New Zealand, Australia, France, Brazil, United Kingdom, Luxembourg, United States, Finland, Colombia, Germany and Malta and illegal in other countries.

During the hearing the court gave enough indication that it will strike down this provision as unconstitutional and allow gay persons to live freely in society.