Disclose stand on constitutional validity of Sec 377: SC to Centre

The Supreme Court on Monday gave the Centre one-week time to disclose its stand on the constitutional validity of Section 377 of the Indian Penal Code (IPC) which criminalises sex between partners who are from lesbian, gay, bisexual, transgender, queer community.

The validity of IPC Section 377 is already pending before a Constitution Bench of Supreme Court. But a bench headed by Chief Justice Dipak Misra on Monday decided to admit another petition on the same issue filed by hotelier Keshav Suri, who is Executive Director and a shareholder of Hotel Lalit, part of the Bharat Hotels Group.

The petitioner represented by senior advocate Mukul Rohatgi submitted to the Court, “I want to know the constitutionality of Section 377. Although the issue is pending before the Court, the provision exists under the statute by which police can book any person.” Suri claimed that he is a gay and is in a relationship with another man for the past decade. He claimed to spearhead a campaign on behalf of the LGBTQ community called ‘Pure Love’ that gives an open platform to same sex couples to exercise their right to choose their partner.

Apprehending police action against him, Suri demanded a clear response from the Centre as it is yet to respond on the issue even in the other case pending before the Constitution Bench. The bench, also comprising Justices AM Khanwilkar and DY Chandrachud said, “Let a copy of the petition be served to Additional Solicitor General. The Centre shall file a response to the petition within one week.”

The earlier petition pending with the Court was filed by a group of five eminent persons namely Bharatnatyam exponent and Sangeet Natak Akademi 2014 winner Navtej Singh Johar, businesswoman Ayesha Kapoor, journalists Sunil Mehra, noted chef and restaurateur Ritu Dalmia, and historian-writer Aman Nath. The Court had in January last year referred the petition to a Constitution Bench in order to reconsider the decision of the apex court in Naz Foundation case when SC had upheld the validity of Section 377. By doing so, the Court reversed a decision by Delhi High Court which found Section 377 archaic and unconstitutional.