New Delhi: Leading Indian LGBT individuals and celebrities have moved the Supreme Court seeking quashing of Section 377 of the Indian Penal Code, citing the ‘right to life’ which includes the right to follow their sexual preferences.
According to a report, a petition by dancer NS Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur will be taken up for hearing by the Supreme Court on June 29, after it resumes business following a 45-day vacation.
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Congress leader and prominent lawyer Kapil Sibal, and Arvind Datar will argue for the petitioners in court.
After refusing twice to entertain pleas against Section 377, which criminalises ‘sexual intercourse against the order of nature’, the SC had on February 2 referred the issue to a 5-judge bench, saying that ‘important constitutional issues’ have been raised in the curative petition. Before this, a review petition against the December 11, 2013 ruling of the apex court had been rejected by it.
The significance of this petition is that it has been filed by LGBT individuals themselves, as against earlier petitions which were filed by various NGOs and LGBT rights groups which also included non-LGBT individuals. The petition also marks a public admission of their sexual preferences by certain members of the LGBT community.
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The petition's first paragraph is a bold declaration: "The petitioners are lesbian, gay and bisexual (LGBT) citizens of India whose rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with the other fundamental rights guaranteed under Part-III of Constitution, are violated by Section 377."
The petitioners say Section 377 impedes the LGBT community members' right to be open with their friends, family, colleagues and employees. It bemoans the fact that despite making great contributions to India in various fields, LGBT individuals are denied their basic right to sexuality.
The 716-page petition, including annexures, has been drafted by a team of lawyers including Saurabha Kripal, Arundhati Katju, Himanshu Suman and Menaka Guruswamy.
The Naz Foundation had in 2001 filed a petition in the Delhi High Court, following which the court read down Section 377 in a July 2, 2009 judgement to decriminalise homosexuality. However, on December 11, 2013 the Supreme Court reversed the HC judgement, upholding the validity of Section 377.
Furthermore, in January 2014, a set of review petitions were dismissed by the apex court. But on February 2, 2016, a curative petition filed by the Naz Foundation was referred to a five-judge bench.
