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SC to take yet another stab at fixing its earlier section 377 decision

The Supreme Court on Monday referred to a larger Bench a writ petition filed by five petitioners to quash Section 377 of the Indian Penal Code which criminalises homosexuality.

... A three-judge Bench led by Chief Justice of India Dipak Misra decided to revisit its December 2013 verdict in Suresh Kumar Kaushal vs. Naz Foundation which dismissed the LGBT community as a negligible part of the population while virtually denying them the right of choice and sexual orientation...

The petitioners include Navtej Singh Johar, a Sangeet Natak Akademi Award-winning Bharatnatyam dancer; Sunil Mehra who is a senior journalist; Ritu Dalmia who is a restaurateur and Aman Nath, an expert on Indian art, culture and the founder of the Neemrana chain of hotels.

reported The Hindu and others.

The Supreme Court’s justices GS Singhvi and SJ Mukhopadhaya had in 2013 unexpectedly decided to overturn Delhi high court Justice's AP Shah's landmark decision that had struck down section 377 criminalising non-"natural” sexual intercourse.


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