On Tuesday, the Supreme Court was told by petitioners against Section 377 that the law criminalises consensual gay sex is against the fundamental rights of Indians and “societal perception” cannot be an excuse for it.
Senior lawyer Mukul Rohatgi, the former attorney general who is representing some petitioners against Section 377 said that “Constitutional morality has to overtake societal perception. Don’t blame the society because we all have grown up with this provision in the statute.”
Although prosecutions are rare the court on Tuesday began hearing petitions against Section 377 that bans gay acts as “carnal intercourse against the order of nature” and allows for jail terms of up to life.
Also Read: Supreme Court to hear petition against criminalized homosexuality (Section 377)
The Delhi High Court effectively decriminalized gay sex back in 2009, saying a ban violated fundamental rights, but the Supreme Court restored it in 2013 after the appeal of religious groups which succeeded.
The court said about the 2013 verdict that “The principle question to be addressed is the correctness of the Koushal judgement. It affects the basic constitutional and human rights of a large section of society, called the sexual minority.” As it will examine if the fundamental right to life includes sexual freedom.
Also Read: Section 377 row: Supreme Court to decide fate of ‘homosexuality’ today