The Indian Supreme Court on Monday decided to reconsider the constitutional validity of Section 377 of the Indian Penal Code which has been used to de-criminalise homosexuality.
LGBT Case: Three-judge bench of Supreme Court, headed by CJI said, it would reconsider and examine the Constitutional validity of section 377. pic.twitter.com/vyqOnNY2c1
— ANI (@ANI) January 8, 2018
A bench headed by Chief Justice Dipak Misra and comprising of Justice AM Khanwilkar and Justice DY Chandrachud decided to re-examine the top court’s earlier order upholding section 377 of the Indian Penal Code. “Our earlier order needs to be reconsidered,” said Justice Misra on Monday.
in August this year, a nine-judge bench of the Supreme Court unanimously decided that right to privacy is a fundamental right. The nine judges unanimously overruled the two earlier judgements of the apex court — the M P Sharma verdict of 1950 and Kharak Singh verdict of 1960 — that right to privacy is not protected under the Constitution.
In December 2013, SC upheld Section 377 saying that the onus of repealing it was on Parliament, dealing a body blow to the gay rights movement in India.
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