The Supreme Court will pronounce on Thursday its verdict on the constitutionality of Section 377 of the Indian Penal Code, which criminalises homosexual acts.
The court heard six petitions and interventions filed by non-governmental organisation Naz Foundation, parents of queer people and Voices Against 377, a collective of human rights groups, who urged it to reconsider its own judgement from 2013, when it set aside a 2009 order by the Delhi High Court decriminalising homosexuality. It had then said that only the legislature can change laws.
On July 17, a Constitution Bench headed by Chief Justice Dipak Misra reserved the verdict on the matter. The court had said it would strike down the law if it is convinced that it violates fundamental rights. The Centre did not take a stand and left the decision “to the wisdom of the court”. Additional Solicitor General Tushar Mehta said the Union of India does not contest an individual’s right to choose a partner.
In August 2017, the Supreme Court ruled that the right to privacy is a fundamental right, that it is intrinsic to life and liberty. Sexual orientation, the court said in its judgement, is an “essential component of identity” and the rights of lesbian, gay, bisexual and transgender population are “real rights founded on sound constitutional doctrine”.
The United Kingdom, on whose Constitution many of India’s laws are based, abolished the law against same-sex relationships in 1967.
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