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The Supreme Court, readying to take up the issue in a constitution bench, has asked the Centre to give its opinion on IPC section 377 and its validity. This is a controversial section that has seen fine passage through high courts but has fallen in the Supreme Court in the past. This section that makes gay and lesbian sex illegal in this country, even between two consenting adults, and are liable for prosecution.

On Monday (April 23) the top court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and DY Chandrachud gave a week’s time to ASG Tushar Mehta for the govt to file reply.

A three-judge Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud gave the Centre a week’s time to reply through Additional Solicitor General Tushar Mehta.

The constitution bench is set to sit on this in thenext few days.

The petition has come from Keshav Suri, and seeks to quash Section 377. He is being represented by senior counsel Mukul Rohatgi. In the hearing of the constitution bench this matter may be tagged with a bunch of similar petitions.

–      India Legal Bureau

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