Section 377: Naz Foundation withdraws Curative Petition against 2013 SC Verdict in view of 2018 Verdict
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Section 377: Naz Foundation withdraws Curative Petition against 2013 SC Verdict in view of 2018 Verdict

Shruti Mahajan

NGO Naz Foundation today withdrew its curative petition against the 2013 judgment of the Supreme Court which had upheld the validity of Section 377 of the Indian Penal Code (IPC).

Introduced by the British during the colonial era, Section 377 penalised all sexual activities “against the order of nature“. Modeled on the then-existing English Buggery Act (1553), this provision effectively came to be used to criminalise sexual activity between homosexuals persons, regardless of whether it was consensual.

It was only in 2009 that the Delhi High Court read down Section 377 to decriminalise consensual sexual activity for the first time in a petition filed by Naz Foundation. However,  in an appeal against the Delhi High court verdict, a Division Bench of the Supreme Court overturned this judgment in 2013 in the Suresh Kumar Koushal case.

Naz Foundation was one of several petitioners to file curative petitions against this 2013 judgment.

However, in September 2018, a Constitution Bench of the Supreme Court headed by then Chief Justice of India Dipak Misra read down Section 377 to decriminalize consensual relations between adults regardless of their gender.

In light of the 2018 judgment, the organisation has withdrawn its curative petition. However, other similar petitions filed by other petitioners will be taken up by the Court in July.

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