SC to hear curative plea on gay sex

LGBT community hopes verdict is reconsidered.

Providing hope to the LGBT community, the Supreme Court Tuesday agreed to grant an open court hearing to a bunch of curative petitions filed against its order on recriminalising homosexuality.

The SC revived hopes for reconsideration of its verdict a week after it granted “third gender” status to transgenders by ruling that a person’s “self-defined sexual orientation and gender identity is integral to their personality”. The SC had earlier ruled that Section 377 of the IPC will continue making gay sex, “irrespective of age and consent”, an offence punishable with a sentence up to life term.

A four-judge bench headed by Chief Justice P Sathasivam has now ordered the matter to be listed next week in the open court. By the next date of hearing, Justice R M Lodha would take over as the new CJI.

Curative petition is the last legal resort to get a verdict overturned. It is usually considered by judges in-chamber unless an application for an open court hearing is overtly allowed.

The petitioners, including NGO Naz Foundation and Voices Against 377 which have been spearheading the legal battle on behalf of the lesbian, gay, bisexual, and transgender (LGBT) community, claimed the SC judgement of December 11 last year required a re-look since the court had ignored various developments in law.

They also pleaded for an open court hearing to accord them adequate opportunity to argue on the legal points. They also said the case should have been heard by a Constitution bench instead of a two-judge bench, which delivered the verdict.

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