Supreme Court to review Constitutional validity of Section 377


New Delhi: The Supreme Court on Monday decided to review the contentious Section 377 of the Indian Penal Code whether Gay sex between consenting adults will be a criminal offence or not.

A three-judge bench of the apex court, headed by CJI, said it would reconsider and examine the Constitutional validity of Section 377 of the IPC, which criminalizes homosexuality, is pending before the top court.

The decision of the apex court came during a hearing of a plea filed by LGBT community. The apex court has now decided to constitute a bench to review Section 377.

The court said that people who exercise their choice should not live in fear.

SC has also issued notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police because of their natural sexual preferences.

In 2012, the Delhi High Court struck down Section 377 of IPC but it was set aside by the Supreme Court in the 2013 judgement on the grounds that it is the job of the legislature to do away with it, and it is not the job of the court to legislate.

Last year, Congress MP Shashi Tharoor brought the Indian Penal Code (Amendment) Bill seeking changes in Section 377 of IPC (unnatural offence) but it was defeated in the Lok Sabha.

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