The Supreme Court on Wednesday refused to hear the latest public interest litigation challenging Section 377 of the Indian Penal Code, saying the matter was already pending in the top court. A bench of the top court has forwarded the PIL to Chief Justice of India TS Thakur to decide whether the plea will be heard along with the other curative petitions pending in the case, The Indian Express reported.
While hearing curative petitions challenging Section 377 in February, the apex court had agreed to re-evaluate its verdict from December 2013, when it had dismissed a Delhi High Court order decriminalising “unnatural” sex. The top court had sent all curative petitions, which are final appeals available against an original verdict, which sought a re-examination of the verdict to a five-judge constitution bench.
Five known figures in the fields of culture, business and art – all part of the Lesbian, Gay, Bisexual and Transgender community – filed the latest petition in the Supreme Court, challenging the law that criminalises homosexuality. The plea filed by dancer Navtej Singh Johar, journalist Sunial Mehra, chef Ritu Dalmia, restauranteur Aman Nath and businesswoman Ayesha Kapur said, “Despite our achievements and contributions to India in various fields, we are being denied the right to sexuality, the most basic and inherent of fundamental rights.”