Acting on a petition to declare Section 377 of the Indian Penal Code unconstitutional, the Supreme Court on Monday issued a notice to the Centre seeking its stand on the issue within a week, according to media reports.
Petition to declare #Section377 unconstitutional: #SupremeCourt issues notice to Centre,seeking its stand on plea by hotelier Keshav Suri. Suri pleads Section 377 can't apply to consenting adults & that right to choice of sexual orientation is a fundamental right.@utkarsh_aanand
" News18 Courtroom (@News18Courtroom) April 23, 2018
The petition was filed by hotelier Keshav Suri, who said that the section cannot be applied to consenting adults and sought a declaration that the right to choose is a fundamental right, CNN-News18 reported.
The section criminalises sexual intercourse between same-sex adults, where the maximum punishment involves life imprisonment. Suri challenges the basis on which legal provision was drafted in the IPC, the report said.
This is what the section says: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation " Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.