Section 377 verdict by Supreme Court today at 10.30 am

September 06, 2018 08:04

The Supreme Court will pronounce its much-awaited verdict on a clutch of petitions seeking decriminalisation of a 158-year-old colonial law under Section 377 of the IPC which criminalises consensual gay sex.

A five-judge constitution bench headed by Chief Justice Dipak Misra had reserved its verdict on July 17 after hearing various stakeholders for four days, including gay rights activists.

Besides the CJI, the bench also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

The apex court had asserted that courts cannot wait for a "majoritarian government" to decide on enacting, amending or striking down a law if it violates fundamental rights.

It had made clear that it may not strike down the law completely and deal with it to the extent it relates to consensual acts between two adults.

"If Section 377 of the IPC goes away entirely, there will be anarchy. We are solely on consensual acts between man-man, man-woman. Consent is the fulcrum here. You cannot impose your sexual orientation on others without their consent," the top court had said while allaying apprehensions of those opposed to the decriminalisation of the penal provision.

"We would not wait for the majoritarian government to enact, amend or not to enact any law to deal with violations of fundamental rights," the bench had said while reserving its verdict.

Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The Centre, which had initially sought adjournment for filing its response to the petitions, had later left to the wisdom of the court the issue of legality of the penal provision on the aspects of criminalising consensual unnatural sex between two consenting adults.

-- PTI

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