Curative pleas against 2013 verdict on Sec 377 infructuous, says SC

The Supreme Court on Thursday said the curative petition filed against its 2013 ruling upholding Section 377 of IPC that criminalised homosexual acts had become infructuous in view of its 2018 judgment in the case Navtej Sigh Johar versus Union of India, decriminalising the same.

“The curative petitions have been rendered infructuous by the judgment delivered by this court in Navtej Johar (case),” a five-judge constitution bench presided by Chief Justice of India D Y Chandrachud said dismissing the pleas. The bench also comprised Justices B R Gavai, Bela Trivedi, Pankaj Mithal and Manoj Misra.

The Delhi High Court had in Naz Foundation Vs Union of India, struck down Section 377 IPC in 2009.

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However in 2013, the SC in Suresh Kumar Koushal versus Naz Foundation, reversed the HC decision.

Subsequently, the top court also dismissed review petitions filed against the 2013 ruling.

The curative petitions filed against the dismissal of the review petitions however remained pending.