SC to hear plea challenging Section 377 today

New Delhi: The Supreme Court on Tuesday would hear a petition challenging the controversial Section 377, which criminalizes homosexuality in the country.

A bench of justices T.S. Thakur, Anil R. Dave and Jagdish Singh Khehar will hear a curative petition against the apex court's December 2013 judgment upholding validity of section 377 of the Indian Penal Code (IPC) in an open court session today.

The curative petition has been filed by the NGO Naz Foundation, which works for the Lesbian, Gay, Bisexual, and Transgender (LGBT) community.

Earlier, the apex court by its order of December 12, 2013 and subsequently in the review petition on January 28, 2014, upheld the validity of section 377, setting aside the Delhi High Court verdict of July 2, 2009, which had read down section 377 to apply only to non-consensual, penile, non-vaginal sex, and sexual acts by adults with minors.

The then bench of Chief Justices P.Sathasivam, R.M.Lodha, H.L.Dattu and S.J.Mukhopadhaya on April 3, 2014, had directed the hearing of the curative petition in open court after they considered the plea by Naz Foundation in their chambers.

The NGO had moved the Supreme Court seeking to cure “gross miscarriage of justice” in its judgment upholding the validity of section 377.

Meanwhile, the Madras High Court while hearing two matrimonial discord cases involving a gay man in one and a lesbian woman on Monday, observed that homosexuality could be a ground for divorce.

(With agency inputs)

News24 Bureau