Supreme Court to hear activists on homosexuality law

So far certain countries have legalized homosexual marriages and relationships. But what about in India? Will the restrictions placed on them be dissolved?

Thanks to the right to privacy being deemed a fundamental right, the Supreme Court (SC) today agreed to reconsider it’s 2013 decision which criminalized gay sexual relations and said it will review Section 377 of Indian Penal Code that makes such relations a crime.

The SC today also issued a notice to the Centre seeking its response to a writ petition filed by five members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community, who said they live in fear of police because of their natural sexual orientation and preferences.

In December 2013, the SC set aside the Delhi High Court’s verdict decriminalizing homosexuality.

A three-judge bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the SC’ s judgment upholding the validity of Section 377 appears to hurt the sexual preferences of individuals.

The 3-judge bench took into account views expressed in a recent judgment giving the right to privacy fundamental right status by a nine-judge bench, which also was in favor of respecting freedom of individuals to their sexual orientation.

READ ALSO: Vande Mataram Controversy still burns BJP-BSP Councillors Clash in Meerut

After the SC in August ruled that the right to privacy is a fundamental right, activists and lawyers working for the lesbian, gay, bisexual, transgender and queer (LGBTQ) community made a strong case for the rights of sexual minorities.

At the time, activist Gautam Bhan said SC’s reading of the right to privacy as an aspect of dignity and equality, particularly in the case of LGBTQ rights, was welcome.

“We could have gone to court on privacy grounds. But we didn’t because that is not acceptable. It is just tolerance that favors the elites who can afford to conduct their lives behind closed doors. The judgment is much more than that. It has spoken of privacy with dignity and equality. It reaffirms the Delhi High Court judgment in speaking of sexuality within the framework of constitutionality,” Bhan said.

The SC today also clarified that it would not consider decriminalizing carnal intercourse with animals or diluting the stringency of punishment for sexual intercourse with children.