A small yet significant step by the three-judge bench headed by Chief Justice of India, Dipak Misra of supreme court has been taken today by stating that a larger bench will re-examine the constitutional validity of Section 377 IPC.
Section 377 of IPC criminalizes the intercourse among the consenting adults which is against the order of nature.The SC in today's order has stated that the order of nature is not a constant phenomenon it keeps changing from different ages and as per the societal morality and law has to cope itself with these changes in society.
The answer has also been sought from the center on the writ petition filed by the members of LGBT community stating that because of their sexual preferences which are natural they live in the constant fear of the police. There is a need to change this dronchanian law.
It has also observed by the SC that individuals or the section of society should not live in a fear because of their nature of choices. Law cannot curtail or tamper the choice of an individual as it is their inherent right embodied under Article 21 of the constitution.
In 2009, Delhi High Court struck down a petition and upheld the Section 377 as illegal but later in 2013 the Supreme Court dismissing a curative petition on Section 377 has said that it is not for judiciary but for legislation to deal and decide on the legality of such provisions.
In 2013 Supreme Court criminalized the sexual relations between the gays. The order of SC was a major setback in light of human rights. Since then the LGBTQ community has been demanding to scrap the Section 377.
Follow MyAdvo for daily legal news and top legal updates!