The Constitution bench of the Supreme Court will commence hearing from July 10, 2018, on four important cases referred to it. Among the many matters also include petition challenging the constitutional validity of section 377 of the Indian Penal Code, which criminalises unnatural sex between two consenting adults of the same gender. The listing was published on Supreme Court’s website.
The constitution bench will re-consider the two-judge bench judgment which upheld the constitutional validity of section 377.
A three-judge bench headed by the Chief Justice of India had referred the petition filed by five LGBT citizens for the consideration of the constitution bench, observing that the matter involves substantial constitutional issues.
For the unaware, Section 377 of the IPC refers to unnatural offences and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to pay a fine.
By striking down Section 377, India will then join the committee of modern nations and come true in line with our liberal Constitution which was framed and endorsed by our Constituent Assembly in 1952. Yes, the fight is still long but may July 10 finally see a shining rainbow!