Close X
Friday, January 10, 2025
ADVT 
India

Indian Supreme Court Refers Homosexuality Plea To Constitution Bench

Darpan News Desk IANS, 02 Feb, 2016 11:54 AM
    A five judge constitution bench of the Supreme Court will hear the curative petition by NGO Naaz Foundation and others seeking a relook at its verdict upholding the validity of Indian Penal Code's section 377 that criminalises homosexuality.
     
    A bench of three senior-most judges - Chief Justice T.S. Thakur, Justice Anil R. Dave and Justice Jagdish Singh Khehar - referred the curative petition to the larger bench as senior counsel Kapil Sibal said the issue involved constitutional questions of far-reaching importance and must be heard by a five judge bench.
     
    "Since several constitutional issues are sought to be agitated in these petitions, let the matter be placed before the Chief Justice of India for posting to the five judges bench," ordered the bench after a brief hearing of the curative petition on Tuesday.
     
    The court did not issue any notice, leaving it for the larger bench to take a call.
     
    At the outset, Sibal said that the issue before the court concerned the most private right, the most precious right of the people - the sexual right and argued that if it is being exercised with consensus and within four walls, then no one should have any objection.
     
    Faulting the December 12, 2013 apex court judgment and subsequent January 28, 2014 order in a review petition upholding the validity of section 377, he said the issue involved the rights of the gay people who are facing indignity and stigma by the judgment of a two judge bench.
     
    Telling the court that the issue before it was within four corners of the right to privacy under the constitution's article 19(1) guaranteeing freedom of speech and expression, Sibal said that it should be heard by a five judges bench.
     
    As senior counsel Anand Grover appearing for one of the eight petitioners seeking a relook at the apex court verdict sought to address the court, Chief Justice Thakur asked: "Is there anyone opposing it?"
     
    The court was told that an organisation representing the church, the All India Muslim Personnel Law Board and a few individuals were opposing the plea.
     
    The apex court by its December 12, 2013 order and on the review petition on January 28, 2014, upheld the validity of section 377, finding no constitutional infirmity in the penal provision that criminalises homosexuality.
     
    It had set aside the Delhi High Court's July 2, 2009 verdict reading down section 377 and decriminalising consensual sex between the adults of same gender.
     
    The then bench of Chief Justice P.Sathasivam, Justice R.M.Lodha, Justice H.L.Dattu and Justice S.J.Mukhopadhaya (all retired since then) had on April 3, 2014, directed 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. 
     
    It had contended that 2013 amendment to section 375, dealing with rape, had held consensual sex between an adult male and woman was not an offence, and by implication, no longer prohibited. Thus section 377 now effectively only criminalises all forms of penetrative sex, including, penile-anal sex and penile oral sex, which makes it ex facie discriminatory against homosexual men and transgender persons and thus violative of the consarticle 14 of the constitution.
     
    It had said that the amendments were carried out after the judgment in the gay sex case was reserved and the parties did not have a chance to address the court on the issue, and the court ought to have heard the parties on the effect of the amendments.
     
    The impugned judgment, it said, "reflects an issue bias against the LGBT persons, as evident from such observations like "the so-called rights of LGBT persons" and "miniscule fraction of the country's population" which vitiates the judgment and renders it a nullity.

    MORE India ARTICLES

    India 97th On Forbes Best Countries For Business List

    India 97th On Forbes Best Countries For Business List
    India has been ranked 97th, three notches below China, in Forbes annual ranking of the best countries for business with Denmark topping the list for the sixth time in ten years.

    India 97th On Forbes Best Countries For Business List

    For Goa, Railway Minister Suresh Prabhu Is A Real 'Prabhu'!

    For Goa, Railway Minister Suresh Prabhu Is A Real 'Prabhu'!
    "Suresh Prabhu has given a lot to Goa over the last few months. We just say, 'Hay Prabhu (O lord) please bless us with these things'. 

    For Goa, Railway Minister Suresh Prabhu Is A Real 'Prabhu'!

    From Internet.org To Drones, India Enters New Technology Era

    From Internet.org To Drones, India Enters New Technology Era
      "It is central to our plans of connecting the next billion people and then the whole world," Zuckerberg said during the townhall meeting held at the Indian Institute of Technology (IIT) in New Delhi in October during his maiden visit to India.

    From Internet.org To Drones, India Enters New Technology Era

    Nirbhaya's Mother Says Not Ashamed To Take Daughter's Name

    Nirbhaya's Mother Says Not Ashamed To Take Daughter's Name
    Three years after the 23-year-old 'Nirbhaya' was brutally gang-raped here on December 16, 2012, her mother on Wednesday revealed her name, saying she was not ashamed of it.

    Nirbhaya's Mother Says Not Ashamed To Take Daughter's Name

    In A Freak Accident Air India Staffer Gets Sucked By Aircraft Engine, Dies

    In A Freak Accident Air India Staffer Gets Sucked By Aircraft Engine, Dies
    The incident took place at bay No.28 around 8.40 p.m. when a flight was being readied for departure.

    In A Freak Accident Air India Staffer Gets Sucked By Aircraft Engine, Dies

    Indian SC Bans Diesel SUVs Registration, Car Dealers Term It Inappropriate

    Indian SC Bans Diesel SUVs Registration, Car Dealers Term It Inappropriate
    The Supreme Court on Wednesday doubled the environment compensation charge (ECC) for loaded commercial vehicles entering Delhi and imposed a blanket ban on registration of diesel vehicles of 2,000 cc and above in the National Capital Region (NCR).

    Indian SC Bans Diesel SUVs Registration, Car Dealers Term It Inappropriate