Not a problem until homosexuals flaunt it, look for partners in gay bars: Swamy on SC's Section 377 review

A three-judge bench of the Supreme Court, headed by Chief Justice Dipak Misra, today said it will review its 2013 verdict that upheld Section 377 of the IPC.

IndiaToday.in  | Edited by Kritika Banerjee
New Delhi, January 8, 2018 | UPDATED 16:13 IST

Barely hours after the Supreme Court said that it will revisit its 2013 judgment upholding Section 377, BJP MP Subramanian Swamy said the IPC section, which criminalises gay sex, cannot go.

"In their privacy what they do, nobody can invade but if you flaunt it (sexuality), it has to be punished and therefore there has to be Section 377 of the IPC," the BJP Rajya Sabha MP was quoted by news agency ANI.

Subramanian Swamy said that "as long as they don't celebrate it, don't flaunt it, don't create gay bars to select partners, it is not a problem".

A three-judge bench of the Supreme Court, headed by Chief Justice Dipak Misra, today said it will review its verdict that upheld Section 377 of the IPC. A two-judge bench of the Supreme Court in December 2013 overturned the Delhi High Court's order on Section 377, thereby criminalising gay sex.

"Societal morality changes with time, law walks with life. A section of people can't live in fear of their individual choice," the Supreme Court said, adding that the "earlier order needs to be reconsidered".

The Supreme Court's observation came on a petition filed by 10 individuals holding that IPC Section 377 was "violative of fundamental rights under Article 14 (Right to Equality) and Article 21 (Right to Life)".

WATCH: SC Constitutional Bench to review 2013 verdict that upheld section 377