Section 377 Matter Re-opened for Debate by Supreme Court

• 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

Shashi Tharoor, who had tried to introduce a bill to decriminalise consensual sex between consenting adults, also believes that this is a positive move.

It is good. The Supreme Court has reopened this issue. It is evident that they want to take it in a positive direction. This is a positive development.

Shashi Tharoor, Congress MP

Tharoor’s bill was defeated in the Lok Sabha within minutes.

#Section377 matter re-opened for debate by Supreme Court, reports @rishika625. https://t.co/MSjOEIuJkOhttps://t.co/KSmyalZH2W

— The Quint (@TheQuint) February 2, 2016

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:

CJI Thakur: "Is there anyone to oppose the petitions"
Mr. Sibal: "I hope not"
*Laughter in the courtroom*

— Mohit Singh (@mohitsingh8) February 2, 2016

my colleague @SidharthPandey reports how in the courtroom, when judges asked who was opposed to #377 scrapping, no one stepped up. #love

— sunetra choudhury (@sunetrac) February 2, 2016

Only 3-4 curatives have been admitted by SC till date. So not dismissing this curative is a nothing short of a miracle!

— S (@vakeel_saheba) February 2, 2016

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.

SC passes the buck to 5-judge bench to decide whether to admit curative petition on Sec 377. The battle far from over

— Minhaz Merchant (@minhazmerchant) February 2, 2016

@vakeel_saheba I dont think the curative has been admitted da, think 5judge to decide on admission.

— Semiya (@sowmyarao_) February 2, 2016

How stupid! Pro- homosexual media persons are claiming victory because SC has referred Section 377 IPC to a Constitutional Bench!

— Subramanian Swamy (@Swamy39) February 2, 2016