The Supreme Court will deliver its verdict on Section 377, the law banning gay sex, on September 6 (tomorrow). In the previous hearing on Section 377, the Supreme Court had reserved its order on the scrapping of Section 377 which criminalises homosexuality. The Apex court had reserved its order after hearing arguments on the day-t0-day basis. Prior to that, the Centre had left it to the Supreme Court whether to decriminalise unnatural sexual acts between two consenting adults. 

The Supreme Court during its earlier day-to-day hearing on petitions seeking the decriminalisation of Section 377 heard arguments from various counsel representing Hindus, Muslim and Christians, following which it had reserved its order. 

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A 5-judge Supreme Court bench while reserving the order on the scrapping of Section 377 had said that it will scrap the law if it is found that people’s fundamental rights are being violated. The 5-judge Supreme Court bench was comprised of CJI Dipak Misra, Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

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Hearing the arguments in the case, the Supreme Court had earlier asked the government to file its response on the matter, but the Centre failed to do so. The 5-judge bench of the top court later said that it will not wait for the government’s response on the issue and will scrap the law if it finds that it is violating peoples’ fundamental rights. 

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However, the Supreme Court had also asked the petitioners in the case seeking scrapping of Section 377, to prove that it was violating their fundamental right.

Earlier in 2013, the Supreme Court had cancelled Delhi High Court’s order that had decriminalised the gay sex. The Supreme Court had said that it was the job of the Parliament to decide whether a law has to be scrapped or not. The Delhi High Court in 2009 had termed Section 377 as a violation of peoples’ fundamental right and decriminalised homosexuality.