The Supreme Court on Monday agrees to review of an appeal to make legal homosexuality under section 377 of the Indian Penal Code the law that criminalizes gay sex to a superior Bench.

Summing up counsel for the petitioner Arvind Datar’s points of view for the LGBT community, the Supreme Court stated that the concept of consensual sex may have need of more clearness. The court noted that “individual autonomy and individual’s natural inclination cannot be atrophied unless the restriction is reasonable to yield to the morality of the public at large.”

  According to Arvind Datar that section 377 is not a “reasonable restriction. It has likely to tear down individual choices and sexual orientation.”

Worth mentioning here that the petition does not pass on to the part of the section that criminalizes intercourse with animals, but the part that makes legal sex between two agreeable adults, Datar also averred that the right to privacy means “I have a right to choose my sexual partner.”

as hearing the plea, the three-judge bench of the Supreme Court, headed by CJI Dipak Misra, noted that people exercising their preference cannot be in terror and that the restrictions of law cannot walk over rights and independence.

Section 377 of the IPC agrees with punishing lawbreakers of unnatural sexual offenses, which also takes account of consensual sex between Lesbian, Gay, Bisexual and Transgender (LGBT) adults.