SC Issues Notice to Centre on Sec 377, to File Reply in a Week

The bench of Chief Justice Dipak Misra asked the Centre to file the response within a week on the plea.

Published
India
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The Supreme Court on Monday, 23 April, issued notice to the Centre on a plea filed by hotelier Kesav Suri challenging the criminalisation of gay sex between two consenting adults.

The bench of Chief Justice Dipak Misra asked the Centre to file the response within a week on the plea.

The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, said the petition will be heard along with other pleas on the same matter which is being heard by the Constitution bench.

“Owing to Section 377 of the IPC continuing on the statute book, various adult and consenting members of the LGBTQ (lesbian, gay, bisexual and transgender and queer) community continue to face the threat of false prosecution and some are actually facing it,” Suri's plea said.

According to LiveLaw, Suri himself is a member of the LGBTQ community, and is under constant threat of facing 'false prosecution' for having sexual relations with his partner of over 10 years.

Suri's petition joins a list of petitions that are pending in the Supreme Court relating to Section 377. While Naz Foundation filed a curative petition, a joint petition was filed by journalist Sunil Mehra, TV personality Ritu Dalmia and several others in January last year, which has been assigned to a Constitution bench for hearing.

Meanwhile, LiveLaw reported that Suri's petition asked the Supreme Court to "restrain the the respondent (Union of India) from taking coercive action against initiatives that promote equal opportunities for people with alternative sexual orientation pending for final hearing and disposal of the present writ petition."

(With inputs from PTI)

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