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LGBT celebs move SC against Sec 377, say sexual preferences a right to life
The Supreme Court will on Wednesday hear a petition seeking quashing of Section 377 of the Indian Penal Code to protect the sexual preferences of the LGBT community, says a media report.
The Supreme Court will on Wednesday hear a petition seeking quashing of Section 377 of the Indian Penal Code to protect the sexual preferences of the LGBT community, says a media report.
The petition, moved by chef Ritu Dalmia, hotelier Aman Nath and dancer NS Johar among others, says the sexual preferences of the community are part and parcel of the right to life, according to Times of India.
Senior Congress leader and lawyer Kapil Sibal and Arvind Datar will argue for petitioners who also include journalist Sunil Mehra and business executive Ayesha Kapur. The plea will be heard by a bench of justices SA Bobde and Ashok Bhushan.
The SC had on February 2 held out fresh hope to lesbian, gay, bisexual and transgender (LGBT) communities, when it ordered a review of a colonial-era law that criminalizes consensual same sex relations between adults, after refusing twice to entertain pleas against Section 377. The apex court referred a batch of six curative petitions, including one by the Naz Foundation, which sought a review of the 156-year-old law, to a five-judge constitution bench.
According to the report, the petitioners said their lives have been “inexorably constricted and their rights infringed” by Section 377. “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, adding, “Section 377 criminalizes the very existence of LGBT people by criminalizing their sexuality, an attribute which is as inherent and intrinsic to a person as their race or gender. Sexuality lies at the core of a human being’s persona. Sexual expression, in whatever form, between consenting adults in the privacy of a home ought to receive protection of fundamental rights.”
The petitioners said Section 377 impedes the LGBT community members’ right to be open with their friends, family, colleagues and employees, adds the daily.
“The petitioners are highly accomplished professionals who have been felicitated for their professional achievements, but have suffered because of the deleterious effect of this draconian law on their personal and professional lives,” the petition added.
In 2009, the Delhi high court ruled that Section 377, which prohibits “carnal intercourse against the order of nature with any man, woman or animal”, was unconstitutional. The verdict was challenged in the Supreme Court which, on December 11, 2013, overturned the high court ruling. On January 28, 2014, the SC dismissed petitions seeking a review of its decision.
