 "Supreme Court refers Section 377 plea to 5-judge bench")
The Supreme Court on Tuesday referred to a five-judge constitutional bench a curative petition challenging a 2013 SC judgement on Section 377 that re-criminalised homosexuality in India.
The decision by the three-judge bench that heard the curative petition effectively re-opens the debate around Section 377 and its constitutionality vis-a-vis rights of gay persons.
Section 377, which came into force in 1862 under British rule, defines unnatural offences as “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”
Now, however, a larger bench will go into the law's provisions and whether it discriminates against the basic rights of gay individuals. The Supreme Court, however, did not set a date for setting up the bench saying only that it would notify it later.
More details awaited.
The decision by the three-judge bench that heard the curative petition effectively re-opens the debate around Section 377 and its constitutionality vis-a-vis rights of gay persons.
Section 377, which came into force in 1862 under British rule, defines unnatural offences as “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”
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The Supreme Court was hearing a curative petition filed by the Naz Foundation, which works with the lesbian, gay, bisexual, transgender and queer (LGBTQ) community; such a petition is the last legal recourse in the judicial process.
Now, however, a larger bench will go into the law's provisions and whether it discriminates against the basic rights of gay individuals. The Supreme Court, however, did not set a date for setting up the bench saying only that it would notify it later.
More details awaited.