SC not to review gay verdict

In another blow to gay sex rights, the Supreme Court on Tuesday refused to reconsider its verdict which held homosexual acts as illegal, leaving the community with the sole option of filing a curative petition.

The apex court on December 11 set aside the 2009 judgment of the Delhi High Court that had decriminalised homosexuality among consenting adults.

A bunch of review petitions filed against the judgment was dismissed by a bench of Justices H L Dattu and S J Mukhopadhaya, which did not find any reason to have a look at it again.

“We have gone through the review petitions and the connected papers. We see no reason to interfere with the order impugned. The review petitions are, accordingly, dismissed,” said the bench in an order released following the in-chamber hearing.
The court also rejected a plea for oral hearing.

A group of activists led by the NGO Naz Foundation as well as the Union government had approached the apex court, seeking reversal of the verdict delivered by Justices G S Singhvi (since retired) and Mukhopadhaya.

According to the petitioners, thousands of lesbian, gay, bisexual and transgender (LGBT) individuals, who decided to come out with their sexual identity, faced the threat of being prosecuted in view of the verdict.

The Centre also wanted review of the judgment, claiming it had caused grave miscarriage of justice to the LGBT community.