SC ruling on privacy will pave way for relook at Section 377: Chidambaram
New Delhi: Congress leader P. Chidambaram on Thursday said that with the Supreme Court ruling that right to privacy is a fundamental right it would be possible to ask the apex court to take a second look at Section 377, which criminalises gay sex.
“In my view, it (Section 377) was rightly struck down or read down by Justice A.P. Shah. Unfortunately that was reversed by the Supreme Court,” said Chidambaram.
In 2009, the Delhi High Court had ruled that Section 377 of the Indian Penal Code (IPC) was unconstitutional. But in December 2013, the Supreme Court overturned the verdict.
Chidambaram said that in the light of Thursday’s apex court judgment “it should be possible to ask the Supreme Court to take a second look” at the earlier judgment.
“I think many questions will arise now. There are issues about data protection, dangers of data colonisation, and the nature of data transfer.
“Each challenge, each question will have to be addressed, we will have to look at them with new lenses, new lenses that privacy is a fundamental right,” he added.
The Supreme Court on Thursday held that the right to privacy is a fundamental right and is an integral part of the right to life and liberty.