NEW DELHI: The Supreme Court today agreed to reconsider its 2013 verdict criminalising gay sex and referred to a larger bench the plea challenging the penal provision, observing the societal morality “changes from age to age.”
Giving a ray of hope to the gay, lesbian and transgendered communities which are pushing for scrapping Section 377 of the IPC that criminalises homosexuality, the court decision moved a step towards a final judicial call on the controversial provision that has been described as “archaic.”
Noting that the curative petition against its 2013 judgement is pending before a five-judge Constitution bench, the Apex Court said the present petition will also be heard by the same larger bench and that a finality could be attained whether gay sex between two consenting adults can be decriminalised.
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud gave the order, observing that the judgement, upholding the constitutional validity of Section 377 of the IPC needed to be debated upon. (AGENCIES)
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