It was a stark contrast to the scenes that took place outside the court of the Chief Justice of India just two years ago..Today, a jubilant crowd of activists and individuals fighting for LGBT rights were seen celebrating a minor victory as a three judge Bench of the Supreme Court referred the curative petition challenging the Constitutionality of Section 377 of the Indian Penal Code to a Constitution Bench..The Bench presided by Chief Justice TS Thakur and comprising Justices Anil R Dave and JS Khehar took this decision a while back, after hearing Senior Advocate Kapil Sibal, who appeared for one of the petitioners..When the case was taken up at 3:15 pm, Sibal submitted that the case involves significant Constitutional issues..“The most private of the rights are involved – sexuality. Breach of expression of sexuality within a private sphere is unconstitutional….The NALSA judgment by this Court had recognised expression of sexuality. The Union government had not challenged the decision of the High Court which had struck down the Section. It had also filed a review against the judgment of Supreme Court.”.“Are they opposing it now?”, asked Justice Thakur..“I hope not”, replied Sibal in jest..The Court then proceeded to refer the case to a Constitution Bench. It has not issued notice in the matter. Apart from Sibal, Senior Advocates Ashok Desai and Anand Grover also appeared for the petitioners.
It was a stark contrast to the scenes that took place outside the court of the Chief Justice of India just two years ago..Today, a jubilant crowd of activists and individuals fighting for LGBT rights were seen celebrating a minor victory as a three judge Bench of the Supreme Court referred the curative petition challenging the Constitutionality of Section 377 of the Indian Penal Code to a Constitution Bench..The Bench presided by Chief Justice TS Thakur and comprising Justices Anil R Dave and JS Khehar took this decision a while back, after hearing Senior Advocate Kapil Sibal, who appeared for one of the petitioners..When the case was taken up at 3:15 pm, Sibal submitted that the case involves significant Constitutional issues..“The most private of the rights are involved – sexuality. Breach of expression of sexuality within a private sphere is unconstitutional….The NALSA judgment by this Court had recognised expression of sexuality. The Union government had not challenged the decision of the High Court which had struck down the Section. It had also filed a review against the judgment of Supreme Court.”.“Are they opposing it now?”, asked Justice Thakur..“I hope not”, replied Sibal in jest..The Court then proceeded to refer the case to a Constitution Bench. It has not issued notice in the matter. Apart from Sibal, Senior Advocates Ashok Desai and Anand Grover also appeared for the petitioners.
