Supreme Court to review Section 377


The Supreme Court said that a large group of judges would re-consider and examine the constitutional validity of Section 377 of the Indian Penal Code, the law which criminalizes sexual relationship against the law of nature. The Apex Court also issued a notice to the Center's response on a writ petition filed by five members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community, who said they live in fear of police due to their natural sexual orientation and preferences.

The judgment that overturned a 2009 judgment by Delhi High Court that decriminalised homosexual acts also said "plight of sexual minorities" can not be applied blindfolded for deciding the constitutionality of the law enacted by the Indian legislature.

Colorado is aiming to bolster gay rights by enforcing an anti-discrimination law, even though the Denver-area baker says he has a religious objection to same-sex marriage.

The 2016 law was passed in the aftermath of the U.S. Supreme Court's landmark 2015 ruling legalizing same-sex marriage nationwide.

Section 377 of IPC - which came into force in 1862 - defines unnatural offences. The apex court has now made a decision to constitute a bench to review Section 377.

On Monday, a three-judge bench headed by Chief Justice of India Dipak Misra made a decision to re-examine the constitutional validity of Section 377 and said the matter would be referred to a larger bench. Moreover, the law also mentions that "penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section".

The ban on homosexual sex was overturned by the Delhi high court in 2009 but was reinstated by the supreme court four years later in a judgment that drew widespread condemnation, including from the United Nations.

"A section of people or individuals who exercise their choice should never remain in a state of fear", the court said, in response to a case lodged by LBGTI activists arguing the ban has put them at constant risk of arrest.

SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI.