The Supreme Court has refused to examine a fresh Public Interest Litigation against Section 377 of the Indian Penal Code, which criminalizes gay sex for being against the order of nature.
The court said the fresh P will be placed before the Chief Justice of India who will decide if the petition can be reviewed with other pending curative petitions.
Dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur, had filed a petition seeking a repeal of section 377, arguing that this provision hurts their Right To Life, guaranteed by the Indian Constitution.
“Despite our achievements and contributions to India in various fields, we are being denied the right to sexuality, the most basic and inherent of fundamental rights,” said the petition.
The Supreme Court had in February agreed to re-examine its December 2013 verdict that re-criminalised gay sex after the Delhi high court verdict that de-criminalised consensual homosexual acts in July 2013.