New Delhi, Jul 11:  The Supreme Court on Wednesday continued hearing a batch of petitions against Section 377 of the Indian Penal Code (IPC), which criminalises homosexual activities. During the previous hearing on Monday, a five-judge Constitutional bench had refused to adjourn the hearing after the Centre sought more time to file its reply. Also Read - Central Vista Project: Supreme Court Dismisses Plea Seeking Halting Construction Work, Asks High Court to Pass Order

The Supreme Court on Monday declined to wade into the issue of marriage in the LGBT groups or inheritance in their live-in relationships, as it began hearing a clutch of petitions challenging a 158-year-old colonial-era law that criminalises gay sex. Also Read - Centre Has To Supply 700 Metric Tonnes Of Oxygen To Delhi Everyday Till Further Orders, Says Supreme Court

In the judgment on privacy as a fundamental right, the apex court’s nine-judge bench had said the right to privacy cannot be denied to members of the LGBTQ community merely because they have unconventional sexual orientation and form a minuscule fraction of over 1.32 billion Indian population. Also Read - You Will Have to Give 700 Tonnes Oxygen to Delhi Every Day: Supreme Court to Centre

After the apex court had set aside the Delhi High Court’s 2009 judgement decriminalising sex between consenting adults of the same sex by holding Section 377 of IPC as “illegal”, review petitions were filed. On their dismissal, curative petitions were filed by the affected parties seeking a re-examination of the original verdict.

During the pendency of the curative petitions, the plea was made that an open court hearing should be granted and after the apex court agreed to it, several fresh writ petitions were filed seeking to decriminalise of Section 377.

Others who have filed petitions against Section 377 are journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive, Ayesha Kapur.

Live Updates

  • 3:52 PM IST

    Section 377 Hearing Live: Lawyer for a petitioner, Janya Kothari submitted to the court that how Section 377 impacts the lives of transgenders is to be seen and considered.

  • 2:37 PM IST

    Section 377 Hearing Live: Senior advocate Anand Grover said that IPC is known to be precise but Section 377 is different, nobody can understand the scope of it.

  • 2:18 PM IST

    Section 377 Hearing Live: CJI Dipak Misra said that any disqualification linked to Section 377 will be automatically lifted if provision is struck down.

  • 2:18 PM IST

    Section 377 Hearing Live: On Menaka Guruswamy’s observance that Section 377 violates right to form an association under Article 19, ASG Tushar Mehta objects to it saying the argument was beyond the scope of this hearing. To which, one of the judges said that Guruswamy has the right to argue and he can put his arguments if he wishes for it.

  • 2:09 PM IST

    Section 377 Hearing Live: Hearing in Section 377 resumes after lunch.

  • 12:50 PM IST

    Section 377 Hearing Live: The Supreme Court bench has taken a break for lunch. The hearing will resume after 2 PM.

  • 12:46 PM IST

    Section 377 Hearing Live: The lawyer for a petitioner, Menaka Guruswamy, submitted to the Supreme Court that ‘lesbian, gay, bisexual and transgender people deserve to be protected by the court, Constitution, and the country. Section 377 denies the LGBT community the equal opportunity of participation’.

  • 12:40 PM IST

    Section 377 Hearing Live: Menaka Guruswamy, the lawyer for one of the petitioners tells Supreme Court ‘homosexuality doesn’t affect a person’s career and growth. People have cleared civil service examinations, IIT examinations, and other top-level competitive exams, reports news agency ANI.

  • 12:39 PM IST

    Section 377 Hearing Live: Guruswamy said that the people deserve to be protected by their court, their Constitution, and their country.

  • 12:39 PM IST

    Section 377 Hearing Live: She remembered when the IIT students and alumni had come to us, she was struck by how Section 377 affected the lives of many of them.