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Five things you need to know about today's SC hearing on Section 377

A curative petition was heard by the Supreme Court today to address the competence of the earlier judgement given by the Supreme Court in 2013 which dismissed the Delhi High Court ruling decriminalising homosexuality.

In a positive development in the fight for basic human rights, the Supreme Court on Tuesday referred the petition against Section 377 of the Indian Penal Code to a five-judge bench.

An apex court bench headed by Chief Justice TS Thakur referred the curative petition to the five judge bench as senior counsel Kapil Sibal said that the issue involved a question of far-reaching constitutional importance and must be heard by five judge bench.

1. The original case was heard by two judges in 2013 in the Supreme Court which then dismissed the Delhi High Court ruling.

2. Now, the petitioners have applied for a ‘curative’ petition which looks at the competence of the earlier Supreme Court judgement.

3.This curative petition was heard by three judges who have deemed that the case should be heard by a 5-judge bench (a constitutional bench) since the case pertains to and raises an important question of constitutional law of fundamental rights. The Apex court recognises that it is a constitutional case and not a moral one.

4. The court will now hear all the parties in the case again and then come to a conclusion

5. The curative petition is fairly new and was started in 2002, and cases that have availed the curative petition have been rare.

Published Date: Feb 02, 2016 16:28 PM | Updated Date: Feb 03, 2016 19:13 PM

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