Twitter
Advertisement

Section 377 is dead after Right to Privacy verdict, will be formally struck down soon: Harish Salve

Harish Salve reacts to SC referring the verdict to larger bench.

Latest News
article-main
FacebookTwitterWhatsappLinkedin

Senior lawyer Harish Salve on Monday said that section 377 of IPC will soon be struck down by the apex court. He was reacting to the development of SC referring to a larger bench a plea seeking decriminalisation of gay sex between two consenting adults. A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said the issue arising out of section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Salve was quoted by ANI as saying, " Section 377 is dead after the nine-judge bench which has said all these are dimensions of Right to Privacy. It will formally be struck down. It will be done very soon".

Section 377 of the IPC refers to 'unnatural offences' and says whoever voluntarily has carnal inter course 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. The bench was hearing a fresh plea filed by one Navtej Singh Johar seeking to declare section 377 as unconstitutional to the extent that it provides prosecution of adults for indulging in consensual gay sex.

Senior advocate Arvind Datar, appearing for Johar, said the penal provision was unconstitutional as it also provided prosecution and sentencing of consenting adults who are indulging in such sex. "You can't put in jail two adults who are involved in consenting unnatural sex," Datar said and referred to a recent nine-judge bench judgement in the privacy matter to highlight the point that the right to choose a sexual partner was part of fundamental right.
He also referred to the 2009 Delhi High Court judgement delivered on a plea of NGO 'Naz Foundation' in which the provision was held unconstitutional.

Reacting to the development, LGBTQI activist Harish Iyer said, "I personally feel it is a step in the right direction but I am cautiously optimistic. There have been talks that homosexuality is a deviant behavior. I would like to bring it to the fore that the American psychiatric association, the Indian psychiatric association and the world health organisation have de-listed homosexuality from the list of mental disorders and if my nation respects people for who they are, the nation also needs to remember that my sexuality is an integral part of who I am. I cannot leave my gay back home when I go out to work or when I lived my life on a daily basis. It is an integral part of me so cant respect me if you cant respect my sexuality." 

Subsequently, the apex court in 2014 had set aside the high court judgement and termed the provision as constitutional. After the dismissal of the review plea against the 2014 judgement, a curative plea was filed which was referred to a larger bench. The fresh plea of Johar and others will now also be heard by the larger bench. 

With PTI inputs

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement