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Supreme court to rebegin appeals challenging gay sex law
On Monday, the Supreme Court refused the request of adjournment sought by the centre on the Tuesday hearing to revisit the 2013 judgement of making gay sex illegal between adults
NEW DELHI: On Monday, the Supreme Court refused the request of adjournment sought by the centre on the Tuesday hearing to revisit the 2013 judgement of making gay sex illegal between adults.
The Constitution Bench, newly re-formed, is led by Chief Justice Dipak Misra and constitutes Justices R.F. Nariman, A. M. Khan-wilkar, D.Y. Chandrachud and Indu Malhotra. The Bench has posted for Tuesday for hearing the petitions challenging IPC Section 377 which criminalises unnatural sex between two consenting adults.
The Chief Justice of India(CJI) told the counsel “this matter has been pending for sometime and Centre should have filed its response. We will go ahead with the scheduled hearing. We will not adjourn it. You (Centre) file whatever you want during the hearing.” Col.Balasubramanian ‘mentioned’ to adjourn the hearing as the centre was yet to spell out its stand through an affidavit.
Consequently, the hearing will start on Tuesday. Back in 2013, the UPA government did not submit any affidavit giving its stand and a Bench of two judges gave the verdict based on Centre’s oral submissions.The notable thing is the present NDA government has also not taken any stand on this issue.
In 2013, the Bench of two judges had ruled that Section 377 which barred any form of sex against the order of nature as illegal. It had passed the verdict overturning the judgement of a three judge bench of the Delhi High Court, which had the opposite view. The Constitution Bench will begin hearing from July 10.
