38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC terms curative plea against 2013 verdict on criminalising same sex infructuous

By Jhanak Sharma      11 February, 2024 10:24 AM      0 Comments
SC terms curative plea against 2013 verdict on criminalising same sex infructuous

NEW DELHI: The Supreme Court on Thursday held as infructuous curative petitions filed against the December 11, 2013 judgment by a two-judge bench, criminalising homosexuality under Section 377 of the Indian Penal Code, in view of the 2018 judgment by a Constitution bench.

A five-judge bench of Chief Justice of India DY Chandrachud, Justices B R Gavai, Bela Trivedi, Pankaj Mithal and Manoj Misra closed the proceedings in the curative petitions.

"We will say the curative petitions have been rendered infructuous by the judgment delivered by this court in Navtej Johar," the bench said.

In the case of Naz Foundation Vs Union of India, the Delhi High Court had in 2009 struck down Section 377 IPC.

However, in 2013, a two-judge bench of the Supreme Court, in Suresh Kumar Koushal Vs Naz Foundation, reversed the Delhi High Court's judgment and upheld the validity of penal provision. In January 2014, the SC had dismissed a bunch of review petitions.

In 2018, acting on a batch of writ petitions, a five-judge Constitution bench of the Supreme Court in Navtej Sigh Johar Vs Union of India held that consensual same sex among adults cannot be criminalised. The court had then struck down the provision to that extent. "Constitutional morality cannot be equated to a majoritarian view. The LGBT community possesses same rights as any citizens of country," the court had then said.

However, the curative petitions filed in 2014 against the 2013 Suresh Koushal judgment remained pending since then.

A curative petition is the last judicial resort available for redressal of grievances in court which is normally decided by judges in-chamber. In rare cases, such petitions are given an open court hearing.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email