SC likely to hear Sec 377 curative petition on Sept 8

Days after a nine-judge bench of the Supreme Court ruled that the Right to Privacy is a fundamental right guaranteed by the Constitution of India, the apex court is set to reopen the debate over the constitutionality of Section 377 of the Indian Penal Code which criminalises gay sex.

The top court is likely to begin hearing a curative petition on September 8 filed by Naz Foundation and several gay rights activists challenging an SC judgement from 2013 upholding the validity of Section 377.

The SC had, in 2013, set aside a 2009 judgement of the Delhi High Court decriminalising homosexuality, saying it should have been left up to the Parliament to amend or repeal law.

On August 24 had observed: “Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform.”