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SC verdict on plea against decriminalising gay sex on Wednesday

PTI
Published Dec 11, 2013, 2:42 am IST
Updated Mar 18, 2019, 11:16 pm IST
SC to pronounce verdict tomorrow on Delhi HC order okaying sex between consenting adults.

New Delhi: The Supreme Court will on Wednesday pronounce its verdict on a bunch of petitions challenging the Delhi High Court judgement decriminalising gay sex among consenting adults in private.

A bench of justices G S Singhvi and S J Mukhopadhaya will deliver the verdict on petitions of anti-gay right activists, social and religious organisations against the 2009 verdict of the high court, which decriminalised gay sex.

 

The judgement would be pronounced by Justice Singhvi on his last working day as he will be retiring on Wednesday. The bench had reserved its order in March last year after granting day-to-day hearing of the case from February 15, 2012.

While hearing the appeal, the apex court had pulled up the Centre for its "casual" approach on decriminalisation of homosexuality and also expressed concern over the Parliament not discussing such important issues and blaming judiciary instead for its "over-reach".

While pleading for decriminalisation of gay sex, the Centre had subsequently told the court that the anti-gay law in the country had resulted from British colonialism and the Indian society was much more tolerant towards homosexuality.

The Delhi High Court had on July 2, in 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.

Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence entailing punishment up to life term. Senior BJP leader B P Singhal, who died in October last year, had challenged the high court verdict in the Supreme Court saying such acts are illegal, immoral and against the ethos of Indian culture.

Religious organisations like All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance too had challenged the judgement.

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