Reconstituted Supreme Court Bench to Hear Section 377 Case

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07/07/2018

Days ahead of the crucial hearing on a clutch of petitions challenging the validity of section 377 of the IPC that criminalises consensual gay sex, the Chief justice of India Dipak Misra has reconstituted the 5 judge constitution bench to hear the case. According to the cause list released by the Supreme Court registry, the hearing in the matter will commence from July 10, and the new bench will comprise – Chief Justice of India, Dipak Misra, Justice RF Nariman , Justice A M Khanwilkar, Justice DY Chandrachud, and Justice Indu Malhotra. These petitions filed by — Bharatnatyam dancer Navtej Johar, culture expert Aman Nath, restaurateurs Ritu Dalmia and Ayesha Kapur and mediaperson Sunil Mehra — challenge a 2013 judgment of the top court that criminalised consensual sex between adults. The petitioners, who are also members of LGBT community, argue that section 377 has the potential to destroy an individual’s choice and sexual orientation and is not a reasonable restriction under law.

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