NEW DELHI: The Supreme Court will hear on Tuesday a curative petition of gay activists challenging its verdict criminalising homosexuality in India in open court.
A Bench headed by Chief Justice T S Thakur agreed to hear the curative petition filed by gay rights activists and NGO Naz Foundation against the apex court’s December 11, 2013, judgment upholding the validity of Section 377 (unnatural sexual offences) of the IPC and the January 2014 order, by which it had dismissed a bunch of review petitions.
The law, which dates back to 1860, criminalises sexual activities against the order of nature, arguably including homosexual acts.
As per the law, a curative petition is the last judicial resort available for redressal of grievances in court, which is normally decided by judges in-chamber. In rare cases, such petitions are given an open court hearing.
The petitioners, including the NGO, which has been spearheading the legal battle on behalf of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community, contended that there was an error in the judgment delivered on December 11 last year as it was based on an old law.