SC to limit hearing on validity of Section 377

Additional Solicitor General Tushar Mehta, appearing for the Centre said the petitioners must confine to the Constitutionality of section 377 and that the Centre would place its stand during the course of the hearing.

Justice Chandrachud told Mehta that the matter was before a larger bench and restriction of issues was not appropriate. But Mehta would not budge.

Disagreeing with the ASG, Rohatgi said “I can argue for my rights. My life as a sexual minority has to be protected. Do not restrict this hearing to just the validity of Section 377. Our lives are passing by. How many of us can come on individual issues later? I was asking a principle to be laid down to protect my rights under Article 21.”

Intervening, the CJI clarified that the court and parties should confine itself now to the question of Section 377 and will take up the other matter when individual cases come up before it. “The question here is whether Section 377 is ultra vires or not. Let us get out of this maze. We cannot now give an advance ruling on questions like inheritance to live-in partners, whether they can marry, etc. Those are individual issues we cannot pre-judge now,” CJI Misra said.