Section 377 : Muslim Law Board not to oppose decriminalization of homosexuality

In an advanced move, the All India Muslim Personal Law Board (AIMPLB) has declared that it will no longer be a part of the court proceedings dealing with the removal of the ban on gay sex.

AIMPLB has decided not to contest the decriminalization of homosexuality if the Supreme Court scraps the 150-year-old law. Senior Advocate and leader of Muslim Law Board, Yusuf Muchhala said to the reporters, “Whether section 377 is unconstitutional or not should be read down by the court so that the people indulging into same-sex relationships are not criminalised. Let it be clear that it is only on the decriminalisation issue that we are not participating, and not beyond that, let the court decide (on it), whichever way it goes.”

In the traditional Muslim jurisprudence, homosexuality is prohibited. In the previous years, the Muslim Law Board has challenged the ban on gay sex in the Delhi High Court as well as the Supreme Court.

The Central government already declared to leave the matter and let the “wisdom of the court” decide whether to remove the ban and make Section 377 unconstitutional or not.

Earlier CJI Dipak Misra indicated to repeal the law on the prohibition of gay sex.

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