SC on Section 377 LIVE: The hearing on scrapping Section 377 that prescribes a life term in jail for gay sex will continue in the Supreme Court on Tuesday

A Supreme Court bench will resume hearing a plea on the validity of Section 377 today. Last week, the Centre told the five-judge bench that it would not take a stand on the criminalisation of same-sex relations, adding that it leaves the decision to the ‘wisdom of court’.

During the previous hearings, the petitioner argued that the provision — intercourse against the order of nature — is an outcome of Victorian morality and should be struck down as values change along with society. The apex court also added that the hearing pertains only to the issue of gay sex and that it would not venture into the issue of marriage relating to the LGBTQ (lesbian, gay, bisexual, transgender and queer) community or inheritance in live-in relationships.

The five-judge bench headed by CJI Dipak Misra also comprises Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

Live Blog

The Supreme Court will continue to hear petitions to strike down Section 377 which criminalises homosexuality. Follow LIVE UPDATES

Welcome to the live blog. The Constitution Bench hearing in the challenge to Section 377 has entered its second week. Follow this space to track the latest developments from the apex court

During the course of hearings in the last week, the Constitution Bench stated that homosexuality is a “variation, not an aberration.” It also added that the members of the LGBTQ (lesbian, gay, bisexual, transgender and queer) community do not get proper medical care because of the “prejudices” against them.

While the Centre has decided not to challenge consensual same-sex relations, it has urged the bench not to go into other issues like gay marriages, adoption and ancillary civil rights of the LGBTQ community. In response, the court said it will only examine the correctness of its 2013 verdict that had set aside a Delhi High Court order which had decriminalised gay sex.

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