Provision denies rights to privacy and dignity, court told.
- The SC referred a batch of curative petitions against Section 377 of the IPC.
- A colonial-era provision criminalising consensual sexual acts of Lesbian, Gay, Bisexual and Transgender (LGBT) adults in private.
- A 3-judge Bench gave credence to arguments that the threat imposed by the provision amounts to denial of the rights to privacy and dignity.
- This results in gross miscarriage of justice.
- The petitions pose several questions with “constitutional dimensions of importance”.
- As per the apex court’s Rupa Hurra judgment in 2002, the Bench considering curative pleas should necessarily have the 3 top judges of the SC.