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SC refers curative plea on homosexuality to five-judge bench

Supreme Court

New Delhi : A five-judge Constitution Bench of the Supreme Court will hear curative petitions seeking re-examination of its verdict criminalising sexual activity between same sex consenting adults under section 377 of IPC.

A three-judge bench comprising Chief Justice T S Thakur and Justices A R Dave and J S Khehar said that since important issues concerning the Constitution were involved in the matter, it would be appropriate to refer the issue to a five-judge Constitution bench.

The bench said that the larger bench would be constituted in the future.

The bench was told there were eight curative petitions seeking re-examination of the order on the review petition and the December 11, 2013 judgement by which the Delhi High Court verdict de-criminalising section 377 (unnatural sexual offences) of the IPC was set aside.

The bench was also informed that the churches of northern India and All India Muslim Personal Law Board were against decriminalising homosexuality.

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