THE Supreme Court has refused to review its own judgement that upheld Section 377 of the Indian Penal Code (IPC). Section 377 makes criminals out of consenting homosexual adults. It also condemns oral or anal sex between heterosexuals and equates it with paedophilia, bestiality and rape. The apex court has undone the decision of the Delhi High Court which took a liberal view of such alleged criminality in 2009. The Union government had also supported the Delhi High Court decision. The Supreme Court has decided that the legislature is a better forum to take a decision on sexual liberty. However, the present parliament is in its last lap and its authority has considerably dwindled. The major Opposition party, the BJP is in favour of Section 377. In such circumstances, the legislature cannot be expected to act effectively and speedily. The Court should decide on the constitutional rights of the individual even in sexual conduct. The Delhi High Court opined that Section 377 militated against the principles of equality and individual rights but the Supreme Court does not agree. It flies in the face of reason that some adult Indian citizens can be deprived of constitutional protection on grounds of sexual deviation.
The only hope for such deviants lies in a curative petition to be heard by a five-judge bench including the Chief Justice of India, three senior judges and the judge handling the petition alleging violation of natural justice. Will the Supreme Court revise its decision? It is curious that it is so firm in its attitude while being enlightened in other areas. It is necessary to create public awareness against Section 377 to persuade parliament to decide against it.
