New Delhi: A fresh petition has been filed in the Supreme Court for a declaration that Section 377 Indian Penal Code to the extent that it makes gay sex illegal between two consenting adults and providing for their prosecution.

Though a two-judge bench of apex court has upheld this provision, considering the importance of the issue, it has been referred for adjudication by a five-judge Constitution bench. In view of this, the present petition is also likely to be referred to a five-judge bench.  

In the present petition, Keshav Suri, engaged in hospitality industry, said he is in a committed relationship for nearly a decade with another adult man and has been consensually residing with him. He is part of the LGBTQ community in India.

He argued that after the nine-judge bench verdict holding that right to privacy is a fundamental right; Section 377 cannot be construed as a reasonable restriction as that has the potentiality to destroy the individual autonomy and sexual orientation.