In 2013 the Supreme Court in Suresh Kumar Koushal & Ors. v. Naz Foundation & Ors had upheld the
constitutionality of Section 377 of the Indian Penal Code, 1860
asserting that homosexuality is a criminal offence.
Two years ago, a batch of petitions was filed in the court to sough correction of the 2013 ruling. The petitions were filed by dancer Navtej S Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur. The apex court then issued a notice to the Centre and referred the matter to a larger Bench which decided in January last year to reconsider its 2013 judgment.
Today (July 10th, 2018) a Constitution Bench of Chief Justice of India Dipak Misra
and Justices Rohinton Fali Nariman
, AM Khanwilkar, DY Chandrachud,
and Indu Malhotra
will take up the petitions for hearing to settle the question of constitutionality of section 377 IPC. Earlier, the Centre has filed a plea in the court to postpone today’s hearing but the court rejected the plea and decided to hear the matter. Stay tuned for more updates.