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The curative petitions were filed in 2014 against the judgment in Suresh Koushal vs. Naz Foundation
The Supreme Court today has held the curative petition wherein it had upheld section 377 of the Indian Penal Code which criminalized consensual homosexual acts to be infructuous.
A five-judge bench led by CJI DY Chandrachud has noted that owing to the top court's judgment in Navtej Singh Johar vs. Union of India of 2018 which decriminalized consensual homosexual acts, the curative plea became infructuous.
Court was hearing the curative plea filed against the Supreme Court's verdict which had reversed the Delhi High Court's decision in Naz Foundation vs. Government of NCT of Delhi.
The bench also comprising Justices BR Gavai, Bela Trivedi, Pankaj Mithal and Manoj Misra thus closed the curative plea.
On September 6, 2018, a five-judge bench of the top court unanimously struck down Section 377 of the Indian Penal Code in Navtej Singh Johar v UOI and other connected matters to the extent that it penalised any consensual sexual relationship between consenting adults, be it homosexuals (man and a man or woman and a woman) or heterosexuals (man and woman).
Justice Chandrachud, in his separate concurring opinion, had called Section 377 IPC an anachronistic law, and wrote that “by penalising sexual conduct between consenting adults, Section 377 restrained the fundamental freedom of Indian citizens belonging to sexual minorities under an antiquated and anachronistic colonial-era law – forcing them to live in hiding, in fear, and as second-class citizens”.
Case Title: DR. SHEKHAR SESHADRI AND ORS vs. SURESH KUMAR KOUSHAL and ORS
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