SC refers Homosexuality Plea (Section 377) to Constitution Bench

A five judge constitution bench of the Supreme Court will hear the curative petition by NGO Naaz Foundation and others seeking a relook at its verdict upholding the validity of Indian Penal Code’s section 377 that criminalises homosexuality.

A bench of three senior-most judges – Chief Justice T.S. Thakur, Justice Anil R. Dave and Justice Jagdish Singh Khehar – referred the curative petition to the larger bench as senior counsel Kapil Sibal said the issue involved constitutional questions of far-reaching importance and must be heard by a five judge bench.

“Since several constitutional issues are sought to be agitated in these petitions, let the matter be placed before the Chief Justice of India for posting to the five judges bench,” ordered the bench after a brief hearing of the curative petition on Tuesday. The court did not issue any notice, leaving it for the larger bench to take a call.