July 13, 2018
“Let it be clear that it is only on the decriminalization issue that we aren’t participating.” AIMPLB.
The All India Muslim Personal Law Board (AIMPLB) has taken a decision that they won’t contest if the Supreme Court scraps Section 377 of the Indian Penal Code that criminalizes homosexuality. The Muslim board has also decided to no longer be part of the Court hearings in the matter that will resume on Tuesday.
Speaking to the Indian express on Friday, AIMPLB member and Senior Adv. Yusuf Muchhala said: “We aren’t going to appear in the matter leaving it to the Court to decide.”
Sr. Adv. Muchhala added, “Whether section 377 is unconstitutional or not should be read down by the Court so that the people indulging into same-sex relationships aren’t criminalized. Let it be clear that it is only on the decriminalization issue that we aren’t participating & not beyond that, let the Court decide, whichever way it goes.”
Apex Court is hearing a bunch of petitions challenging Section 377 while also reviewing its earlier verdicts on the IPC section.
Central Govt. has already withdrawn from the Court proceedings, saying it leaves the decision to “the wisdom of the Court”. Its affidavit filed before the Constitution Bench reserved its right to object to anything “other than” Section 377 if it were to be considered during the course of adjudication.
However, the AIMPLB had earlier voiced opposition when the Delhi High Court had struck down Section 377 in 2009 Naz Foundation v. Govt. of NCT of Delhi which was a landmark Indian case, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India’s Constitution.