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Friday, December 20, 2013

Govt of India files petition seeking review of SC ruling criminalising gay sex Friday Dec 20,2013

The GOI on Friday Dec 20,2013 moved the Supreme Court with a review petition seeking re-examination of its verdict on Section 377 of Indian Penal Code (IPC), reviving the penal provision making gay sex a criminal offence, entailing punishment up to life term

In the petition filed through advocate Devdutt Kamath, the Centre has taken 76 grounds to contend that the judgement passed by justice GS Singhvi (since retired) and justice SJ Mukhopadhaya "suffers from errors apparent on the face of the record, and is contrary to well-established principles of law laid down by this court enunciating the width and ambit of Fundamental Rights under Articles 14, 15 and 21 of the Constitution."

The review petition contends that the December 11 judgement of the apex court setting aside Delhi high court verdict's decriminalising sexual intercourse between same sex of consenting adults is "unsustainable".

The Centre's petition settled by attorney general GE Vahanvati sought that oral arguments be heard in an open court before disposing of its review petition.

The review petitions are generally decided in chamber hearing.

Note
The SC  two-judge bench had delivered the verdict on December 11,2013 on a bunch of petitions of anti-gay right activists, social and religious organisations against the Delhi HC's 2009 verdict decriminalising gay sex.
The Delhi HC had on July 2, 2009 ruled that sex between two consenting adults in private would not be an offence.

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