S C referred the matter relating to decriminalizing Section 377 IPC to the constitutional bench

After hearing the curative petition challenging criminalisation of homosexuality and gay sex, filed by an NGO Naz Foundation SC referred the matter to a 5-judge bench, in a positive step towards ensuring grant of rights to the members of the LGBTQ community.
“The case involves important constitutional issues” as observed by the bench headed by Chief Justice of India TS Thakur.
In its 2009 ruling, the Delhi High Court had described Section 377 as discriminatory and said gay sex between consenting adults should not be treated as a crime.
Eight curative petitions were filed by parents, civil society, scientific and LGBT rights organisations against a judgment by the Supreme Court dismissing their review petitions on the ground that Section 377 is constitutional and applies to sexual acts irrespective of age or consent of the parties.
The ruling was widely and visibly welcomed by India’s gay community, which said the judgement would help protect them from harassment and persecution.