The petition praying that sexuality and sexual autonomy be declared fundamental rights under Article 21 is likely to be tagged with the curative petition dealing with the constitutionality of Section 377 of the Indian Penal Code..A Division Bench of Justices SA Bobde and Ashok Bhushan today directed that the matter be placed before the Chief Justice of India for appropriate orders..Senior Advocate Arvind Datar appeared for the petitioners..When the matter was taken up as item 25 in court 13, Justice Bobde made it clear that the Bench would not hear the matter, since a similar case is slated to be heard by a Constitution Bench..Datar submitted that it is the first time aggrieved persons are directly approaching the Supreme Court over this issue..“That does not make any difference”, replied Justice Bobde..Datar then requested that the petition be tagged along with the curative petition, whereupon the court proceeded to direct that the matter be placed before Chief Justice TS Thakur for appropriate orders.
The petition praying that sexuality and sexual autonomy be declared fundamental rights under Article 21 is likely to be tagged with the curative petition dealing with the constitutionality of Section 377 of the Indian Penal Code..A Division Bench of Justices SA Bobde and Ashok Bhushan today directed that the matter be placed before the Chief Justice of India for appropriate orders..Senior Advocate Arvind Datar appeared for the petitioners..When the matter was taken up as item 25 in court 13, Justice Bobde made it clear that the Bench would not hear the matter, since a similar case is slated to be heard by a Constitution Bench..Datar submitted that it is the first time aggrieved persons are directly approaching the Supreme Court over this issue..“That does not make any difference”, replied Justice Bobde..Datar then requested that the petition be tagged along with the curative petition, whereupon the court proceeded to direct that the matter be placed before Chief Justice TS Thakur for appropriate orders.