SC admits petition to quash Section 377

SC admits petition to quash Section 377

Context

Seventeen years after he was imprisoned for his sexual orientation and efforts to help the LGBT community, the Supreme Court on Tuesday admitted the petition of a man to quash the “tyranny” of Section 377 IPC, which criminalises homosexuality

What has happened?

The Supreme Court had similarly on January 8 referred to a larger Bench a writ petition filed by five gay and lesbian members of the community to strike down Section 37

Quoting Hadiya judgement

• The person quoted the court’s decision in the recent Hadiya case judgment which upheld the fundamental right to determine the “choice of one’s intimate partner, within or outside marriage.”
• Section 377, the petition said, specifically and directly violates this right.

What now?

A Bench led by Chief Justice of India issued notice to the government and tagged the petition with a series of petitions to be heard by a Constitution Bench