Supreme Court refers Section 377 plea to 5-judge bench

Decision likely to re-open constitutional debate over criminalisation of homosexuality

The Supreme Court on Tuesday referred to a five-judge constitutional bench a curative petition challenging a 2013 SC judgement on Section 377 that re-criminalised homosexuality in India.

The decision by the three-judge bench that heard the curative petition effectively re-opens the debate around Section 377 and its constitutionality vis-a-vis rights of gay persons. 
 
Section 377, which came into force in 1862 under British rule, defines unnatural offences as “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 fine.”

 

The Supreme Court was hearing a curative petition filed by the Naz Foundation, which works with the lesbian, gay, bisexual, transgender and queer (LGBTQ) community; such a petition is the last legal recourse in the judicial process.

Now, however, a larger bench will go into the law's provisions and whether it discriminates against the basic rights of gay individuals. The Supreme Court, however, did not set a date for setting up the bench saying only that it would notify it later. 
 
More details awaited.