SC Refers Curative Plea On Homosexuality To Five-Judge Bench

02 February, New Delhi

Supreme Court today referred the curative plea on homosexuality to five-judge constitutional bench. The curative petitions have sought re-examination of the apex Court’s earlier verdict criminalising sexual activity between same sex consenting adults under section 377 of IPC.

A three-judge bench comprising Chief Justice T S Thakur, Justices A R Dave and J S Khehar today said that since important issues concerning the Constitution were involved in the matter, it would be appropriate to refer the issue to a five-judge Constitution bench. The bench was told there were eight curative petitions seeking re-examination of the order on the review petition.

On December 11, 2013 a supreme court judgement set aside a Delhi High Court verdict which declared Section 377 unconstitutional. The High Court had said section 377 (unnatural sexual offences) of the IPC was in violation of the fundamental rights enshrined in Articles 14, 15 and 21 of the Constitution.

While setting aside the July 2, 2009 verdict of the Delhi High Court, the apex court had held that Section 377 of IPC does not suffer from the vice of unconstitutionality and that the declaration made by the high court was legally unsustainable.