Law
Supreme Court to reconsider and review Section 377, criminality of gay sex
The Indian Supreme Court on Monday decided to reconsider the constitutional validity of Section 377 of the Indian Penal Code which has been used to de-criminalise homosexuality.
LGBT Case: Three-judge bench of Supreme Court, headed by CJI said, it would reconsider and examine the Constitutional validity of section 377. pic.twitter.com/vyqOnNY2c1
— ANI (@ANI) January 8, 2018
A bench headed by Chief Justice Dipak Misra and comprising of Justice AM Khanwilkar and Justice DY Chandrachud decided to re-examine the top court’s earlier order upholding section 377 of the Indian Penal Code. “Our earlier order needs to be reconsidered,” said Justice Misra on Monday.
in August this year, a nine-judge bench of the Supreme Court unanimously decided that right to privacy is a fundamental right. The nine judges unanimously overruled the two earlier judgements of the apex court — the M P Sharma verdict of 1950 and Kharak Singh verdict of 1960 — that right to privacy is not protected under the Constitution.
In December 2013, SC upheld Section 377 saying that the onus of repealing it was on Parliament, dealing a body blow to the gay rights movement in India.
