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Homosexual behaviour not an aberration but a variation, Indu Malhotra J: Day 3 of Section 377 hearing

Bar & Bench

The hearings in the challenge to Section 377 of the Indian Penal Code continue today in the Supreme Court for the third successive day.

The matter is being heard by a Constitution Bench of Chief Justice of India Dipak Misra and Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

Yesterday, Senior Advocates Shyam Divan and Anand Grover, and advocates Jayna Kothari and Menaka Guruswamy made their submissions for various petitioners and intervenors.

The Central government has clarified its stance on the provision; Additional Solicitor General Tushar Mehta revealed that the Centre will not contest the challenge to Section 377, insofar as it applies to “consensual acts of adults in private”.

Read here for a comprehensive breakdown on what happened on Day 2, and here for a summary of the hearings on Day 1.

Live updates follow:

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