SC MOVED TO QUASH LAW ON GAY SEX

New Delhi: A fresh petition has been filed in the Supreme Court for a declaration that Section 377 IPC to the extent that it makes gay sex illegal between two consenting adults and providing for their prosecution. Though a two-judge Bench of apex court has upheld this provision, considering the importance of the issue, it has been referred for adjudication by a five judge Constitution bench. The present petition may also be referred to a five judge bench.

New Delhi: A fresh petition has been filed in the Supreme Court for a declaration of Section 377 IPC void to the extent that it makes gay sex illegal between two consenting adults and providing for their prosecution.

Though a two-judge Bench of apex court has upheld this provision, considering the importance of the issue, it has been referred for adjudication by a five-judge constitution bench. In view of this the present petition is also likely to be referred to a five-judge bench.

In the present petition, Keshav Suri, engaged in hospitality industry, said he is in a committed relationship for nearly a decade with another adult man and has been consensually residing together with him. He is part of the Lesbian, Gays, Bi-sexual, Transgender and Queer (LGBTQ) community in India.

He argued that after the ninejudge bench verdict holding that right to privacy is a fundamental right; Section 377 cannot be construed as a reasonable restriction as that has the potentiality to destroy the individual autonomy and sexual orientation. He pointed out that a provision does not become unconstitutional because there can be abuse of the same. He said social morality also changes from age to age.