New Delhi, January 28
The Supreme Court today reaffirmed the validity of Section 377 of the Indian Penal Code (IPC), under which sexual acts among LGBTs (lesbian, gay, bi-sexual and transgender population) are a criminal offence attracting a maximum punishment of life sentence.

The Delhi High Court had diluted Section 377 of the IPC on July 2, 2009, holding that homosexual acts among consenting adults in privacy were no crime. However, the Supreme Court set aside that verdict on December 11, 2013, making such acts illegal once again.

The Central Government and 34 others had come to the SC seeking a review of its ruling. The SC rejected their pleas today. “We have gone through the review petitions and the connected papers. We see no reason to interfere with the order impugned. The review petitions are, accordingly, dismissed,” a Bench comprising Justices HL Dattu and SJ Mukhopadhaya said in a brief order. The Bench also rejected the petitioners’ plea for oral hearing.

Besides the Centre, others who had filed the review petitions included the Naz Foundation, which had taken the initiative to get the law diluted by the high court, the Voices Against Section 377 and several individuals.

Citing 76 reasons, the Central Government had said the SC judgment was the result of “a bald conclusion” arrived at by a Bench comprising Justices GS Singhvi (now retired) and SJ Mukhopadhaya.

The government had moved the apex court in the wake of the verdict being instantly denounced by LGBTs and rights activists, besides Congress president Sonia Gandhi, her son Rahul Gandhi and several central ministers.

The SC had justified its ruling, mainly citing the miniscule population of homosexuals and Parliament’s wisdom in retaining this criminal provision for over 50 years despite repeated public debates, the Law Commission’s recommendation for scrapping it and the high court verdict.