- Supreme Court refers the curative petition to a five-judge constitution bench.
- The petition has been filed by Naz foundation and gay rights activists.
- The petition will be heard in an open court.
- Curative petitions are normally decided by judges inside the chambers, but in special or rare cases, there is an open hearing.
- Today will see the last legal attempt to root out Section 377.
- The petitioners are arguing that there was an error in judgement and was based on an old law.
Shashi Tharoor, who had tried to introduce a bill to decriminalise consensual sex between consenting adults, also believes that this is a positive move.
Tharoor’s bill was defeated in the Lok Sabha within minutes.
Whether the matter is admitted or heard will be decided by the 5-judge bench. The court has not set a date for the next hearing.
If the curative petition is registered, the apex court will see the opposing and the supporting parties fight over its own decision from 2013.
The Catholic church and the Muslim law board representatives were the only two oppositions to the case.
Rainbow Coloured Twitter
Twitter was instantly turned rainbow coloured with the re-opening of the case. The elation is almost tangible:
Even though the step has been taken, the matter will be re-opened only after the 5-judge bench agrees to admit the curative petition.
The case has been referred to a five-judge bench by the Supreme Court. Which means a constitution bench will decide whether the curative petition should be admitted or not.
LGBT activists all across are considering this to be a positive step forward.
India’s Most Popular On Why SC Should Reconsider Section 377
Many prominent individuals have voiced their opinion on why it’s important for the Supreme Court to reconsider its decision on Section 377. Read the responses of Vishal Dadlani, Onir, Rajeev Chandrasekhar and many others here.
However, some people are still of the view to dismiss the petition.
Lok Sabha Rejects Bill Introduced by Shashi Tharoor to Amend Section 377
Congress MP Shashi Tharoor had introduced a bill in the Lower House to decriminalise consensual sex between consenting adults on 18 December, 2015. However, the bill was voted down by 71 MPs, and supported by 24 MPs.
Supreme Court Should Reconsider Verdict on Section 377: Jaitley
Speaking about section 377 in November last year, Finance Minister Arun Jaitley said that the Supreme Court’s decision to set aside a Delhi High Court decriminalising homosexuality needed to be reconsidered in the present context.
World View on Gay Rights
The US Supreme Court ruling on marriage equality witnessed enthusiastic support from all over the world. But In India, an archaic 1860 colonial-era law, Section 377, continues. While the fate of Section 377 hangs in the balance, there are 22 countries where same-sex marriage is now legal, but the fight for providing basic dignity and healthcare to members of the LGBTQ community is an ongoing battle in 79 countries across the world.