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Sec 377 re-think: Both BJP and Congress welcome SC decision

The apex court referred the matter to a five-judge bench for further hearing on a curative petition challenging its earlier order. An apex court bench headed by Chief Justice of India T.S. Thakur had earlier agreed to hear the curative petition against its December 2013 order, upholding validity of Section 377 and a January 2014 order by which it had dismissed a bunch of review petitions.

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The Bharatiya Janata Party (BJP) and the Congress on Tuesday appeared to be in tune with the Supreme Court’s decision to refer the curative plea on homosexuality to five-judge bench. ‘In the Congress Party, we have always believed that Section 377 should be decriminalised. Matters of choice and whom you want to love should be left to individuals, rather than society at large and rather than making it a criminal offence,’ Congress spokesperson Randeep Surjewala told ANI. Surjewala expressed certainty that the Supreme Court would do justice to the Lesbian, Gay, Bisexual and Transgender community (LGBT) by examining the matter through a larger Constitutional bench.

Echoing similar sentiments, another Congress leader Magma said, ‘If the law wants to think about them, then it’s good. If the law has decided to refer it further, then it is good for the community. Congress always support people’s sentiments and stand with them in their fight. This is the same in this case.’ Meanwhile, BJP spokesperson Nalin Kohli said it would be apt to wait for the final verdict of the apex court in the matter. ‘I don’t think it would be correct to speak about the merits of the case in terms of the arguments on both sides, because now the matter is before the honourable Supreme Court,’ he said.

The apex court referred the matter to a five-judge bench for further hearing on a curative petition challenging its earlier order. An apex court bench headed by Chief Justice of India T.S. Thakur had earlier agreed to hear the curative petition against its December 2013 order, upholding validity of Section 377 and a January 2014 order by which it had dismissed a bunch of review petitions.

The petitioners include the NGO Naz Foundation, working for the LGBT community. Section 377 of IPC criminalises sexual activities against the order of nature, arguably including the homosexual acts.

 With the Supreme Court referring curative plea on homosexuality to five-judge bench, the petitioner’s lawyer Anand Grover on Tuesday said the apex court took the decision as questions of constitutionality and basic human rights are involved in the case. ‘The Supreme Court decided that the matter be referred to the five-judge bench because it considers that there are constitutional questions involved,’ Grover told ANI.

Talking about the grounds of the curative petition, he said, ‘There are questions of constitutionality and basic human rights. Our grounds are primarily that none of the issues that we raised on the fundamental rights were addressed. And secondly, there was a change in law which the Supreme Court noticed but did not see the effect of it and on the basis of which they should have a fresh hearing.’

Grover, who represents the NGO Naz Foundation in this case, expressed hope that the decision would be in their favour as they were fighting for a just cause and, therefore, they would achieve victory.

In a much-needed reprieve to the Lesbian, Gay, Bisexual, and Transgender (LGBT) community, the apex court today referred the matter to a five-judge bench for further hearing on a curative petition challenging its earlier order.

An apex court bench headed by Chief Justice of India T.S. Thakur had earlier agreed to hear the curative petition against its December 2013 order, upholding validity of Section 377 and a January 2014 order by which it had dismissed a bunch of review petitions.

The petitioners include the NGO Naz Foundation, working for the LGBT community. The plea stated that the judgement was reserved on March 27, 2012, but a verdict was delivered after around 21 months; during this period lots of changes took place, including amendment in laws, which were not considered by the Bench, which delivered the judgement. Section 377 of IPC criminalises sexual activities against the order of nature, arguably including the homosexual acts.

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