The Supreme Court on Monday issued a notice to the Centre on a petition filed by hotelier Keshav Suri challenging the criminalisation of gay sex between consenting adults, reported PTI.
A bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud asked the Centre to file its response within a week. The apex court said the petition would be heard along with other pleas on the same matter that are now before a Constitution bench.
Keshav Suri said that members of the LGBT community were ridiculed and denied equal work opportunities and pay. He asked that the court declare the right to choice of sexual orientation a fundamental right, according to Live Law.
Suri said he constantly lived under the threat of a false prosecution and was unable to live a life of dignity whereby he could exercise his choice to have sexual relations with his partner of over a decade, reported Live Law.
Section 377 of the Indian Penal Code criminalises sexual intercourse between same-sex adults, and carries the maximum punishment of life imprisonment.
In 2009, the Delhi High Court decriminalised Section 377. However, in 2013 the Supreme Court set aside the order.
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