On Monday, the Supreme Court decided it will reconsider the constitutional validity of Section 377 of the Indian Penal Code. This section criminalizes the citizens from being gay.
Chief Justice Dipak Misra will head a bench with Justice A. M. Khanwilkar and Justice D. Y. Chandrachud. They will examine the previous order by the Apex Court. Justice Misra was quoted saying, “Our earlier order needs to be reconsidered.”
Section 377 of the IPC refers to unnatural offenses and states whoever voluntarily take part in carnal intercourse against the order of nature with any man, woman or animal will be imprisoned for life.
This comes after a petition was submitted by a group of five people belonging to the gay community. The petition argues that the judgment has affected the lives of the gay people. They further pointed out the Supreme Court has declared the Right to Privacy as a Fundamental Right which should give gay people the right to their preferences.
The petitioners have also explained that most countries have already decriminalized the gay community and India is lagging behind. The Court has acknowledged that the confines of law cannot obstruct the right to life and liberty. It referred the matter to a larger bench and stated, “What is natural to one may not be natural to others.”
The Apex Court has also asked the Center to give its stance on this issue. This will make matters interesting as none of the political parties have openly shown any support for the gay community. But now the BJP is under the spotlight and will have to give a clear statement on this issue.
As a law is challenged in this present case the Court finds it appropriate to form a constitution bench to look into the matter. The matter is expected to be heard with the curative petition in the Naz Foundation case. The case is likely to come up for hearing in the next four weeks but a date is yet to be decided.
