SC reopens debate on Section 377

New Delhi : In a much-needed reprieve to the Lesbian, Gay, Bisexual, and Transgender (LGBT) community, the Supreme Court on Tuesday referred the matter to a five-judge bench for further hearing on a curative petition challenging its earlier order.An apex court bench headed by Chief Justice of India T.S. Thakur had earlier agreed to hear the curative petition against its December 2013 order, upholding validity of Section 377 of the Indian Penal Code (IPC), which criminalises sexual activities against nature, arguably including the homosexual acts, and a January 2014 order by which it had dismissed a bunch of review petitions.The petitioners include the NGO Naz Foundation, working for the LGBT community.The plea stated that the judgement was reserved on March 27, 2012, but a verdict was delivered after around 21 months; during this period lots of changes took place, including amendment in laws, which were not considered by the Bench, which delivered the judgement.The gay rights activists had said thousands from the LGBT community became open about their sexual identity during the past four years after the Delhi High Court “decriminalised” gay sex in 2009, and they were now facing the threat of being prosecuted.