S.377 IPC | Curative Petitions Against 2013 Judgment Infructuous Since Homosexuality Was Decriminalised Later : Supreme Court

A 5-judge bench of the Supreme Court on Thursday (February 8) held that the curative petition filed against the 2013 judgment, which upheld Section 377 of the Indian Penal Code (which criminalised homosexuality), has become infructuous in the light of the 2018 judgment which decriminalised homosexuality.

In 2009, the Delhi High Court, in the case Naz Foundation v. Union of India had struck down Section 377 IPC. In 2013, a two-judge bench of the Supreme Court, in Suresh Kumar Koushal v. Naz Foundation, reversed the Delhi High Court's judgment.

In 2018, a 5-judge Constitution Bench of the Supreme Court in Navtej Sigh Johar v. Union of India, while deciding a batch of writ petitions challenging Section 377 IPC, declared that consensual homosexuality among adults cannot be criminalised and struck down the provision to that extent.

However, the curative petitions filed in 2014 against the Suresh Koushal judgment remained pending.

Today, a 5-judge bench comprising Chief Justice of India DY Chandrachud, Justice BR Gavai, Bela Trivedi, Pankaj Mithal and Manoj Misra, closed the curative petitions.

"The curative petitions have been rendered infructuous by the judgment delivered by this Court in Navtej Johar," the bench declared.

Case : DR. SHEKHAR SESHADRI AND ORS vs SURESH KUMAR KOUSHAL AND ORS.CURATIVE PET(C) No. 106/2014 and MR X. vs SURESH KUMAR KOUSHAL AND ORS.CURATIVE PET(C) D 26029/2014

Click Here To Read/Download Order