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Breaking: Curative petition on Section 377 likely to be listed this Friday in Supreme Court

Murali Krishnan

The curative petition challenging the Constitutional validity of Section 377 might be listed before Supreme Court on September 8, i.e. Friday this week.

The information available on the Supreme Court website is given below:

Though the case status says that the matter is likely to be listed on September 8, the Main Causelist for the said day does not carry the case.

Supplementary causelist which will be published on Thursday evening could, however, carry the same.

It has been more than 18 months since the Court referred the matter to a Constitution Bench. The reference order was passed by a Bench presided by Chief Justice TS Thakur and comprising Justices Anil R Dave and JS Khehar.

Interestingly, the privacy judgment which was delivered by the Supreme Court on August 24 stated that reasoning taken by the Supreme Court in striking down the Delhi High Court judgment on Section 377 was untenable.

“…sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution.”

Since the challenge to Section 377 is pending consideration before a larger Bench of this Court, we would leave the constitutional validity to be decided in an appropriate proceeding”, the Court had said.

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