News Leak Centre

No Fear No Favour

Supreme Court to reconsider its order on Section 377 which criminalise homo-sex marriage

The Supreme Court on Monday decided to review the contentious Section 377 of the Indian Penal Code, five years after its two-judge bench set aside a Delhi High Court judgement decriminalising homosexuality.

A three-judge bench of Supreme Court, headed by CJI, said it would reconsider and examine the Constitutional validity of Section 377.

The decision of the apex court came during a hearing of a plea filed by LGBT community. The apex court has now decided to constitute a bench to review Section 377.

The court said that people who exercise their choice should not live in fear.

SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police because of their natural sexual preferences, according to new agency ANI.

The lesbian gay bisexual transgender (LGBT) community has been demanding scrapping of Section 377 of the IPC, under which consensual sexual acts between members of Section 377 of the IPC, under which consensual sexual acts between members of the same sex are an offence entailing punishment up to life term.

In 2012, the Delhi High Court struck down Section 377 of IPC but it was set aside by the Supreme Court in the 2013 judgement on the grounds that it is the job of the legislature to do away with it, and it is not the job of the court to legislate.

Last year, Congress MP Shashi Tharoor brought the Indian Penal Code (Amendment) Bill seeking changes in Section 377 of IPC (unnatural offence) but it was defeated in the Lok Sabha

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