The Apex Court also issued a notice to the Center's response on a writ petition filed by five members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community, who said they live in fear of police due to their natural sexual orientation and preferences. Gay sex is punishable by up to 10 years jail. But earlier petitions to review the ban were overturned by the court.
The Supreme Court is refusing to hear challenges to a MS law that allows businesses and government employees to deny services to LGBT people based on their religious beliefs. "The time has come that either the courts must read down Section 377 or the government should repeal it from the IPC".
The HC held that the Section 377 denied dignity to an individual and criminalised their core identity on the basis of their sexuality adding that it also violated Article 14 by targeting homosexuals as a class.
Arvind Datar, counsel for Petitioners argued in the Supreme Court about the clarity of the consensual sex which punishes one of the partners while leaving the other which the Court did take a note and said "individual autonomy and individual's natural inclination can not be atrophied unless the restriction is reasonable to yield to the morality of the public at large".
The Mississippi challenge falls within a broader category of cases that followed the Supreme Court's 2015 Obergefell decision, which announced a constitutional right to same-sex marriage.
After long years of deliberation, the Delhi High Court legalised gay sex among consenting adults in July 2009.
Last June, a three-judge panel of the Fifth Circuit Court of Appeals ruled unanimously in favor of the law, reversing a lower court decision by Judge Carlton W. Reeves blocking the law.
SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI.
"Everybody has equal right to live life the way they want", Dev said.
In the April 2014 verdict, hailed by gender rights activists, the apex court directed the government to declare transgenders a "third gender" along with male and female. Underlining the need to bring them into the mainstream, the verdict by a bench of Justices KS Radhakrishnan and AK Sikri said transgenders should have all rights under the law, including marriage, adoption, divorce, succession, and inheritance.