Section 377 verdict: Supreme Court to hear case tomorrow

The highly anticipated verdict on a bunch of pleas, challenging the validity of section 377 of Indian Penal Code (IPC) that penalises consensual LGBT sex in India, will be heard on Thursday. The Supreme Court of India will decide whether or not to strike down the section 377 of the constitution, which punishes same-sex relationship in India.  

Section 377, will be one of the historic verdicts to be delivered by Chief Justice Dipak Misra, before he retires on October 2.  The Centre, which had initially sought an adjournment for filing its response to the petitions, later left to the wisdom of the apex court the issue of criminalising consensual same-sex between two adults in India.

The Centre had earlier said that the other aspects of the penal provision dealing with minors and animals should be allowed to remain in the statute book.

What Section 377 of the IPC says:

Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine.

If you engage in same sex, you can land in jail for 10 years under the 1861 law. Although prosecution under Section 377 is not common, gay activists say the police use the law to harass and intimidate members of their community.

While the petitioners arguing that Section 377 violates their principles right.  According to the Law, there should not be discrimination based on religion, race, caste, sex or place of birth and freedom of speech and expression.

In the year 2009, the Delhi High Court had described Section 377 as a violation of the fundamental rights guaranteed by the constitution. It had responded to a petition by Naaz Foundation, who had been fighting for almost a decade for gay or same-sex relationships. 

Also read: Activists’ arrests made on ‘cogent evidence’: Maharashtra Police to Supreme Court