New Delhi : With the Supreme Court referring curative plea on homosexuality to five-judge bench, the petitioner’s lawyer Anand Grover on Tuesday said the apex court took the decision as questions of constitutionality and basic human rights are involved in the case.
“The Supreme Court decided that the matter be referred to the five-judge bench because it considers that there are constitutional questions involved,” Grover told ANI.
Talking about the grounds of the curative petition, he said, “There are questions of constitutionality and basic human rights. Our grounds are primarily that none of the issues that we raised on the fundamental rights were addressed. And secondly, there was a change in law which the Supreme Court noticed but did not see the effect of it and on the basis of which they should have a fresh hearing.”
Grover, who represents the NGO Naz Foundation in this case, expressed hope that the decision would be in their favour as they were fighting for a just cause and, therefore, they would achieve victory.
In a much-needed reprieve to the Lesbian, Gay, Bisexual, and Transgender (LGBT) community, the apex court today referred the matter to a five-judge bench for further hearing on a curative petition challenging its earlier order.
An apex court bench headed by Chief Justice of India T.S. Thakur had earlier agreed to hear the curative petition against its December 2013 order, upholding validity of Section 377 and a January 2014 order by which it had dismissed a bunch of review petitions.
The petitioners include the NGO Naz Foundation, working for the LGBT community.
The plea stated that the judgement was reserved on March 27, 2012, but a verdict was delivered after around 21 months; during this period lots of changes took place, including amendment in laws, which were not considered by the Bench, which delivered the judgement.
Section 377 of IPC criminalises sexual activities against the order of nature, arguably including the homosexual acts. (ANI)