In a move that would give more strength to the LGBT community’s ongoing fight, leading gay celebrities have moved the Supreme Court seeking ban on Section 377 of the IPC.
The celebs say that being gay is a sexual preference and a part and parcel of right to life.
The celebs have filled a writ petition in the Supreme Court and are now set to have a hearing on June 29.
According to TOI
, the petition has been filed by by dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur.
Leading lawyers such as Kapil Sibal and Arvind Datar are set to argue for the petitioners.
The new petition calls for a fresh lease of life to pending petitions for the same cause, such as those filed by the Naz Foundation and by filmmaker Shyam Benegal. In the past, the apex court has twice refused to entertain pleas by the LGBT communities against Section 377, which calls homosexuality a criminal offence.
Though earlier this year, on February 2, the apex court had referred the issue to a 5-judge bench, stating that the curative petitions had raised “important constitutional issues”.
The biggest advantage that the current petition has is that it changes the ongoing legal fight on two counts.
One, that well-known LGBT supporters have finally come out and taken up the cause. Till now majority of celebs whether gay or straight have lived in fear of social persecution and public humiliation in their support of gay rights. Secondly, for the first time it includes people who are directly aggrieved by Section 377 that are challenging the IPC, especially for its constitutional validity.
The new writ petition in its very first paragraph has boldly declared: