The Supreme Court today reserved its verdict on a clutch of pleas challenging the constitutional validity of section 377 which criminalises consensual same sex relations, effectively criminalising homosexuality.
A five-judge constitution bench headed by Chief Justice Dipak Misra concluded hearing arguments on the contentious issue, after detailed hearings spread over four days, which had commenced on July 10.
The bench, also comprising Justices Rohinton F Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, asked the parties to file written submissions in support of their claims by July 20.
The verdict is likely to be pronounced before October 2 this year, as Justice Misra would be retiring as CJI on that day.
Section 377 refers to 'unnatural offences' and says 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 pay a fine.
The apex court heard the writ petitions filed by dancer Navtej Johar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath, Keshav Suri and business executive Ayesha Kapur and 20 former and current students of the IITs.
The writ petitioners in the current case have sought decriminalisation of consensual sex between two consenting adults by declaring this unconstitutional under Section 377.
The issue of section 377 was first raised by an NGO, Naaz Foundation, which had in 2001 approached the Delhi High Court which had decriminalised sex between consenting adults of the same gender by holding the penal provision as "illegal".
This 2009 judgement of the high court was overturned in 2013 by the apex court which had also dismissed the review plea against which the curative petitions were filed which are pending.
The apex court had commenced the hearing on the fresh writ petitions challenging re-criminalisation of consensual gay sex between two adults, rejecting the Centre's plea seeking postponement of the proceedings by four weeks. The Constitution Bench also heard arguments by the original intervenors and petitioners, including Naz Foundation, Voices Against 377 and Suresh Kumar Koushal.
It had in 2013 restored the criminality of consensual same sex relations between adults, regardless of consent, after the Delhi High Court' had decriminalised it in 2009.
The writ petitions were opposed by Apostolic Alliance of Churches and Utkal Christian Association and some other NGOs and individuals including Suresh Kumar Koushal.
Koushal had also challenged the 2009 verdict of the high court in the apex court which had restored criminalisation of same sex relations under Section 377 of IPC.
Published: 17 Jul 2018, 5:31 PM IST
The first petition to do away with the penal provision which criminalises consensual sexual relations between two consenting adults of same sex was filed in the Delhi High Court in 2001.
Published: 17 Jul 2018, 5:31 PM IST
Published: 17 Jul 2018, 5:31 PM IST
Inputs by NH Web Desk
Published: 17 Jul 2018, 5:31 PM IST
This article was updated at 6.09 pm on July 17, 2018
Published: 17 Jul 2018, 5:31 PM IST
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Published: 17 Jul 2018, 5:31 PM IST