New Delhi: The Supreme Court on Tuesday agreed to hear in open court next week the curative plea filed by gay rights activists against its order criminalising homosexuality.
A four-judge bench headed by Chief Justice P. Sathasivam decided to give an open court hearing to a bunch of petitions filed by gay rights activists, NGO Naz Foundation and other persons including noted film director Shyam Benegal challenging the apex court’s verdict of December last year upholding the validity of Section 377 of IPC according to which homosexuality is unnatural and a criminal offence punishable up to life imprisonment.
The bench, also comprising justices R.M. Lodha, H.L. Dattu and S.J. Mukhopadhaya, said in its brief order that it will hear the curative in open court next week. Curative petition is the last judicial resort available for redressal of grievances in court which is normally decided by Judges in chamber without giving parties the chance to argue. In rare cases such petitions are given an open court hearing.
The petitioners contended that there was an error in the judgement delivered on December 11, 2013, as it was based on old law. They have submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBTs.
