SC bench to revisit gay judgement

The Supreme Court will revisit the 2013 verdict making gay sex illegal between two consenting adults and providing for their prosecution.

A five-judge Constitution Bench headed by Chief Justice Dipak Misra will commence hearing from July 10, a batch of petitions demanding that IPC Section 377 be declared “unconstitutional”.

Justices Rohinton Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Ms. Indu Malhotra are the

Even before the two-judge bench, the Centre in 2013 did not take a categorical stand on the validity or otherwise of IPC Section 377 and left it to the wisdom of the court.

other judges on the Supreme Court Bench.

A two-judge bench in 2013 had upheld Section 377 IPC which barred any form of sex against the order of nature” as illegal.

It has passed the verdict while overturning a judgement of a three-judge bench of the Delhi High Court, which had earlier taken a contrary view and had decriminalised the IPC provision.

Section 377 IPC says, “Whoever voluntarily has carnal intercourse against the order of nature with man, woman or animal, shall be punished with (imprisonment for life), or with imprisonment of either description for a term which may extend to ten years, and shall also be liable for be fine.