The Supreme Court of India(SCI) on Tuesday February 02,2016 referred to a five-judge bench a
curative petition against Section 377 of the Indian Penal Code which
criminalises homosexuality.
A curative petition is the last judicial resort
available for redressal of grievances in court which is normally decided
by judges in-chamber.
The decision by a bench headed by Chief Justice TS Thakur was immediately welcomed by gay rights activists across the country as it reopens the legal debate on homosexuality
The Supreme Court of India(SCI)clubbed together 8 curative petitions filed by gay rights activists and NGO Naz Foundation against the apex court's December 11, 2013 judgement upholding validity of section 377 (unnatural sexual offences) of IPC and the January 2014 order, by which it had dismissed a bunch of review petitions.
The petitioners, including the NGO, which has been spearheading the legal battle on behalf of lesbian, gay, bisexual, and transgender (LGBT) community, contended that there was an error in the judgement delivered on December 11, 2013 as it was based on an old law.
They had submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBT community.
"The judgement was reserved on March 27, 2012 but the verdict was delivered after around 21 months and during this period lots of changes took place including amendment in laws which were not considered by the bench which delivered the judgement," the plea had said.
The gay rights activists had said thousands from the LGBT community became open about their sexual identity during the past four years after high court decriminalised gay sex and they were now facing the threat of being prosecuted
Following is the chronology of events relating to proceedings on the issue of homosexuality in which the Supreme Court on Tuesday February 02,2016 referred a curative petition, seeking review of its verdict criminalising gay sex to a 5-Judge Constitution Bench
Ireland made history becoming the first nation in the world to legalise gay marriage through a popular vote in 2015. 62 per cent voters said yes to provide same sex couples the same protection granted to heterosexual couples under the Irish Constitution.
The United States Supreme Court also made history upholding the Constitutional validity of same sex marriage, in a nation where the core belief of a major political party is that homosexuality is unnatural.
The decision by a bench headed by Chief Justice TS Thakur was immediately welcomed by gay rights activists across the country as it reopens the legal debate on homosexuality
The Supreme Court of India(SCI)clubbed together 8 curative petitions filed by gay rights activists and NGO Naz Foundation against the apex court's December 11, 2013 judgement upholding validity of section 377 (unnatural sexual offences) of IPC and the January 2014 order, by which it had dismissed a bunch of review petitions.
The petitioners, including the NGO, which has been spearheading the legal battle on behalf of lesbian, gay, bisexual, and transgender (LGBT) community, contended that there was an error in the judgement delivered on December 11, 2013 as it was based on an old law.
They had submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBT community.
"The judgement was reserved on March 27, 2012 but the verdict was delivered after around 21 months and during this period lots of changes took place including amendment in laws which were not considered by the bench which delivered the judgement," the plea had said.
The gay rights activists had said thousands from the LGBT community became open about their sexual identity during the past four years after high court decriminalised gay sex and they were now facing the threat of being prosecuted
Following is the chronology of events relating to proceedings on the issue of homosexuality in which the Supreme Court on Tuesday February 02,2016 referred a curative petition, seeking review of its verdict criminalising gay sex to a 5-Judge Constitution Bench
- 2001: Naz Foundation, an NGO fighting for gay rights, files PIL in Delhi High Court seeking legalisation of gay sex among consenting adults.
- September 2004: High Court dismisses the PIL seeking de-criminalisation of gay sex; Gay right activists file review petition.
- November 3, 2004: High Court dismisses the review plea.
- December 2004: Gay rights activists approach Supreme Court against HC order.
- April 3, 2006: SC remands the case back to HC, directs it to reconsider the matter on merit.
- October 4, 2006: HC allows senior BJP leader BP Singhal's plea, opposing decriminalising gay sex, to be impleaded in the case.
- Septmeber 18, 2008: Centre seeks more time to take stand on the issue after contradictory stand between Home and Health Ministries over decriminalisation of homosexuality. HC refuses the plea and final argument in the case begins.
- September 25, 2008: Gay rights activists contend that the government cannot infringe upon their fundamental right to equality by decriminalising homosexual acts on the ground of morality.
- September 26, 2008: HC pulls up Centre for speaking in two voices on homosexuality law in view of contradictory affidavits filed by Health and Home Ministries.
- September 26, 2008: Centre says gay sex is immoral and a reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.
- October 15, 2008: HC pulls up Centre for relying on religious texts to justify ban on gay sex and asks it to come up with scientific reports to justify it.
- November, 2008: Govt in its written submission before HC says judiciary should refrain from interfering in the issue as it is basically for Parliament to decide.
- November 7, 2008: HC reserves verdict on pleas filed by gay rights activists seeking decriminalisation of homosexual acts.
- July 2, 2009: HC allows plea of gay rights activists and legalises sexual activity among consenting adults of same sex.
- July 9, 2009: Delhi astrologer challenges HC verdict in SC. Later, several others including BJP leader Singhal (since dead), religious organisations, rights activists and yoga guru Ramdev's disciple also oppose the judgement
- February 15, 2012: SC begins final day-to-day hearing in the case.
- March 27, 2012: SC reserves verdict.
- December 11, 2013: SC sets aside the 2009 Delhi HC order which had decriminalised gay sex.
- December 20, 2013: Centre files review petition in SC seeking re-examination of its verdict.
- December 24, 2013: Gay rights activists file review petition in SC seeking re-examination of its verdict.
- January 28, 2014: SC refuses to review its verdict on criminalising gay sex, dismisses pleas of Centre, activists.
- April 3, 2014: SC agrees to consider for an open court hearing on curative petitions filed by gay rights activists against its verdict criminalising homosexuality.
- February 2, 2016: SC refers curative pleas on homosexuality to 5-judge bench
Ireland made history becoming the first nation in the world to legalise gay marriage through a popular vote in 2015. 62 per cent voters said yes to provide same sex couples the same protection granted to heterosexual couples under the Irish Constitution.
The United States Supreme Court also made history upholding the Constitutional validity of same sex marriage, in a nation where the core belief of a major political party is that homosexuality is unnatural.
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