Curative petition, it become relevant in the case of LGBTs in India

Curative petition, it become relevant in the case of LGBTs in India

The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the question was whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court, after dismissal of a review petition. The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgments in exercise of its inherent powers. For this purpose the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned there in had been taken in the review petition filed earlier and that it was dismissed by circulation. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgment, if available. No time limit is given for filing Curative petition.

Requirements:       

To entertain the curative petitions, the court has laid down certain specific conditions. Its laid down in order The requirements which are needed in order to accept the curative petitions are:

• The petitioner will have to establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgment that adversely affected him.
• The petition shall state specifically that the grounds mentioned had been taken in the review petition and that it was dismissed by circulation.
• The curative petition must accompany certification by a senior lawyer relating to the fulfillment of the above requirements.
• The petition is to be sent to the three senior most judges and judges of the bench who passed the judgment affecting the petition, if available.
• If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the same bench.
• The court could impose “exemplary costs” to the petitioner if his plea lacks merit.

The discourse on homosexuality and same-sex physical relations has been a hot topic in the last decade in India. From the controversial, often termed archaic, section 377 of the Indian Penal Code that criminalises 'unnatural offences' being read down by the Delhi High Court in historic judgment in 2009 to honour killings in remote corners of the country - activists are leaving no stone unturned to change both the legal and social obstacles that plague the Indian LGBT community. The LGBTQI groups have mobilised themselves, hundreds of gay men and women came out to their families, friends and to the world — because the personal is political. In light of the awaited verdict on the curative petition, the LGBTQI communities are conducting vigils across the nation, if you want to be a part of them and express your solidarity

The journey for 'emancipation' has been a long one for the LGBTQI community in India. In the 15 years that the case has caught the public's attention, there have been ups and downs. If there is one good thing that has come from this long drawn battle for basic equality and liberty, it is that homophobia is not celebrated in the Indian mainstream anymore. Actors, activists, politicians have come out in favour of striking down the law.