Section 377| Constitution Bench to deliver judgment on constitutionality of Section 377 IPC

Supreme Court: The 5-Judge Constitution Bench comprising of CJ Dipak Misra and R.F Nariman, A.M. Khanwilkar, Dr D.Y. Chandrachud and Indu Malhotra, JJ., likely to pronounce the judgment concerning the constitutionality of Section 377 Indian Penal Code, 1860 today, i.e. 06-09-2018.

The judgment was reserved by the Constitution Bench on 17-07-2018, after a 4-day hearing covering the different standpoints on Section 377 and further Nariman J., on the last day of hearing stating that “If we are convinced that it is unconstitutional, it is our duty to strike it down’.

Background:

Several pleas were filed challenging the re-criminalization of sex between consenting adults of the same sex by holding it as “illegal”. Therefore, the Supreme Court stated that the Naz Foundation v. State (NCT of Delhi)2009 SCC OnLine Del 1762 case requires re-consideration not only on the ground of Constitutional morality but also social morality as social morality also changes from age to age.

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