The Supreme Court on Tuesday decided to hear in an open court the curative petition filed by gay activists and Naz Foundation seeking to “cure the defects” in the judgment upholding the validity of Section 377 of IPC, which criminalises homosexuality between two consenting adults.
A four-judge Bench of Chief Justice P. Sathasivam and Justices R.M. Lodha, H.L. Dattu and S.J. Mukhopadhaya, in a brief hearing in the chamber, directed that the curative petition be listed next week.
The petition challenges both the December 11, 2013 judgment and the January order of the apex court upholding the validity of Section 377. “The effect of re-criminalisation on account of the impugned judgment has caused immense prejudice to gay activists, who have been put at risk of prosecution under Section 377 of the IPC,” the petition contends.
“This court has incorrectly held that a minuscule fraction of population cannot claim fundamental rights, thereby rendering the Part III of the Constitution meaningless for all individuals and minority communities in India. This finding has caused immense public injury and if not rectified, would have dangerous implications on the enforcement of fundamental rights of citizens. The judgment reflects an issue of bias against Lesbian Gay Bisexual and Transgender [LGBT] persons.”