Why in news ?
The Supreme Court refused to adjourn a proposed hearing on a batch of petitions challenging its verdict of
2013 that had re-criminalised consensual carnal sex between two adults.
What is Section 377 of the Indian Penal Code
Chapter XVI, Section 377 of IPC referring to "unnatural offences" was introduced in 1861, during the
British rule of India.
Section 377 refers to "unnatural offences" and mandates that whoever voluntarily has carnal inter course 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 10 years, and shall also be liable to pay a fine.
Offences under Section 377 with respect to sex between consenting adults were decriminalised by the High
Court of Delhi on July 2009. But the judgement was overturned by the Supreme Court of India on 11 December 2013,
holding that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary.
On February 2016, during the final hearing of the petitions filled by the Naz Foundation and others, a three
member bench headed by CJI said petitions submitted will be reviewed afresh by a five-member constitutional bench.
On August 2017, SC stated that protection of sexual orientation lies at the core of the fundamental rights and
that the rights of the LGBT population are real and founded on constitutional doctrine.
Not only "anal penetration" but sexual acts such as "fellatio" may be punishable under this act.
On December 2013, Supreme Court, virtually denied the LGBT community the right of choice and sexual orientation while upheld the criminalisation of gay sex and dismissed the LGBT community as a negligible part of the population.
In Aug, 2017, the fight against Section 377 got a major boost when a nine-judge Bench of the Supreme Court held that "the right to privacy" is a fundamental right intrinsic to life and liberty.
172nd Law Commission Report had recommended the deletion of Section 377.
June 2018, A person's choice of a partner is a fundamental right, and it can include same-sex partner, Justice D.Y. Chandrachud.