New Delhi: A review petition against the Supreme Courts decision to uphold Section 377 of the Indian Penal Code was filed by the Union government on Friday December 20. The SC ruling passed recently criminalizes homosexual relations between adults.
In the petition filed by advocate Devdutt Kamath, the Centre has taken 76 grounds to contend that the judgement passed by Justice GS Singhvi (now retired) and Justice SJ Mukhopadhaya, suffers from errors apparent on the face of the record, and is contrary to well established principles of law laid down by this court enunciating the width and ambit of Fundamental Rights under Articles 14, 15 and 21 of the Constitution.
Overturning the Section 377 (unnatural sexual offences) of the IPC, the Delhi High Court judgment in the year 2009 had decriminalized homosexuality.But the Supreme Court on December 11 upheld Section 377 of the Indian Penal Code which classifies gay sex as a crime. However, the court left it to Parliament to amend the section if needed.