Tuesday, June 28, 2016

Celebrities Move Supreme Court For Decriminalising Consensual Homosexuality

Some high-profile celebrities, who claim to be part of the LGBT community, have approached the Supreme Court seeking quashing of section 377 of the Indian Penal Code which criminalises homosexuality in the country.

The celebrities, including chef Ritu Dalmia, hotelier Aman Nath and dancer NS Johar, have sought protection of their sexual rights on the ground that it is an integral part of the fundamental right to life.

The plea is likely to come up for consideration today when the court reopens after summer break.

The gay celebrities, in their plea, said their lives have been "inexorably constricted and their rights infringed" by the penal provision.

"Despite their achievements and contributions to India in various fields, they are being denied the right to sexuality, the most basic and inherent of fundamental rights. Section 377 renders them criminals in their own country," the plea said.

Earlier, a Supreme Court bench headed by Chief Justice TS Thakur had agreed to hear in an open court the curative plea of NGO 'Naz Foundation' and some gay rights activists.

On February 2, the court referred the curative plea to a five-judge Constitution Bench for re-examination of the 2-year old verdict by which a colonial law, criminalising consensual sexual acts between the same sex under section 377 of Indian Penal Code, was restored.

The curative plea was filed against the dismissal of their petition seeking a review of the 2013 judgement of the apex court upholding the validity of section 377 (unnatural sexual offences) of Indian Penal Code.

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