SC hearing on Section 377 LIVE: Five-judge Constitutional bench begins hearing today

SC hearing on Section 377 LIVE: The Centre on Monday had requested the court to adjourn the hearing for four weeks during which it would file its reply to the petitions. The bench, however, refused and listed it for today.

By: Express Web Desk | New Delhi | Updated: July 10, 2018 11:10:24 am
Supreme court begins hearing on Section 377 that criminalises homosexuality SC hearing on Section 377 LIVE: A five-judge bench, led by Chief Justice of India Dipak Misra and comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra will begin hearing petitions today (Express Photo/Amit Mehra)

The Supreme Court Tuesday will begin hearing a clutch of petitions challenging Section 377 of the Indian Penal Code that criminalises homosexuality. A five-judge Constitutional bench had refused to defer the hearing after the Centre sought more time to file its reply. The bench, led by Chief Justice of India Dipak Misra, comprises Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

The Centre on Monday had requested the court to adjourn the hearing for four weeks during which it would file its reply to the petitions. The bench, however, refused and listed it for today.

Section 377 deals with “unnatural offences,” and holds “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Live Blog

Supreme Court to begin hearing petitions challenging Section 377 that criminalises homosexuality. Follow LIVE UPDATES below.

11:10 (IST) 10 Jul 2018
Five-judge Constitution bench

In January, the case was referred to a Constitutional bench. The new five-judge bench is headed by Chief Justice Dipak Misra and comprises justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

11:07 (IST) 10 Jul 2018
SC refuses to delay hearing

The Centre on Monday had requested the court to delay hearing petitions challenging Section 377 and sought more time to file its reply. The bench, however, had refused and stated, "It will not be adjourned... We will go ahead with the scheduled hearing... You file whatever you want during the hearing."

10:27 (IST) 10 Jul 2018
Hearing on Sec 377 in top court today

The Supreme Court on Monday refused to delay hearing a clutch of petitions challenging Section 377 of the Indian Penal Code (IPC) that criminalises homosexuality. A five-judge Constitutional bench headed by CJI Dipak Misra, has listed it for today. Follow our LIVE blog as we bring you the latest news from the court.

Members and supporters of the LGBTQ group hold a rally in New Delhi (Express Photo/Abhinav Saha/File)

In 2009, the Delhi High Court had decriminalised homosexuality between consenting adults. The HC had stated that Section 377 was in violation of Articles 21, 14,and 15 of the Constitution. A two-judge bench observed, "As it stands, Section 377 denies a gay person a right to full personhood which is implicit in notion of life under Article 21 of the Constitution."

In 2012, this order was set aside by the Supreme Court, which found it "legally unsustainable". The apex court left it to Parliament to consider deleting the provision.

In August 2017, the SC, which was hearing a review petition, directed a larger Constitution bench to hear the case again. This hearing begins today.