SC allows NGO to withdraw curative plea against verdict decriminalising consensual gay sex

The Supreme Court allowed NGO Naz Foundation Trust to withdraw its curative plea challenging the apex court's 2013 verdict that had again criminalised gay sex between two consenting adults.

A bench headed comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna considered the plea of the NGO that its curative plea has now become infructuous in view of the five-judge constitution bench verdict in 2018 which had set aside the 2013 judgement.

The trust, which had first knocked doors of the Delhi High Court with its plea in 2001, seeking decriminalising of the consensual sexual act, had filed the curative petition.

After the 2013 verdict, the Supreme Court had dismissed the review plea that had laid the foundation to file the curative petition.

However, a five-judge constitution bench headed by then Chief Justice Dipak Misra entertained fresh petitions seeking decriminalising of the consensual gay sex.

The NGO said that the 2018 judgement had already set aside the earlier one, and hence it be allowed to take back its curative petition.

The apex court allowed it.

A five-judge bench had on September 6 last year unanimously struck down part of the British-era law and held that Section 377 of the Indian Penal Code that criminalised consensual gay sex was "irrational, indefensible and manifestly arbitrary".