However, the issue resurrected in July 2016, when a fresh petition filed by well-known persons, including dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur, was referred to Constitution Bench by a Division Bench headed by Justice Bobde. "Sexual orientation is a natural phenomenon determined by biology and science", the court's judgement said.
They believe the court strongly indicated its stance on the matter, in a landmark judgement it made on the right to privacy in August previous year. "Those are individual issues we can not pre-judge now".
Another member of Pravritti said that a large number of their members have been involved in the ongoing struggle of decriminalisingsection 377.
"No one can escape who they are..."
"It could have come from the Bible or any other religious text". If the Supreme Court strikes down the Section 377, it may even open up debate for legal recourse for male sexual assault victim, apart from restoring the dignity and rights of gay couples. Then, in August 2017, the fight got a boost when a nine-judge Bench of the apex court, led by the then Chief Justice JS Khehar, upheld the right to privacy as a fundamental right.
The SC was firm that no community, however small it may be by comparison to the majority, could be deprived of their sexual rights and expression of sexual orientation.
While reading the verdict, CJI Misra observed that the LGBT community has the same rights as of any ordinary citizen of India.
Dating back to the British era of mid-1800's, this colonial legacy was passed onto India by our colonisers.
The law had become a "weapon for harassment for the LGBT community", he added.
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