Most recently, it was on 24 August 2017 that the Supreme Court ruled that the "Right to Privacy" was a fundamental right, called for equality and condemned discrimination.
The court is also seized of a curative petition filed by Naz Foundation Trust, the non-governmental organization (NGO) that had originally filed a lawsuit in the Delhi high court in 2001.
The Mississippi challenge falls within a broader category of cases that followed the Supreme Court's 2015 Obergefell decision, which announced a constitutional right to same-sex marriage.
The court said that a larger group of judges will re-examine the constitutional validity of Section 377 - a colonial-era law that prohibits "carnal intercourse against the order of nature with any man, woman or animal" - widely interpreted to refer to homosexual sex.
On Monday, Mr Datar told the CJI-headed bench that gay activists in the country live under constant fear of persecution and said a nine-judge bench in the right to privacy matter had also heavily commented upon the sexual orientation rights of the LGBT (lesbians, gay, bisexuals and transgenders) group. The SC decision will definitely strengthen arguments for decriminalisation of homosexuality.More news: Seth Meyers rips into Hollywood sex scandal at Golden Globes
"Choice can't be allowed to cross boundaries of law but confines of law can't trample or curtail the inherent right embedded in an individual under article 21 of constitution".
SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI.
The SC also issued a notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences.
All India Mahila Congress President Sushmita Dev also welcomed the top court's decision saying,"Everybody has equal right to live life the way they want".
The U.S. Supreme Court has refused an important hearing concerning fighting anti-LGBTQ law. The LGBTQ community remains in harm's way every single day that this law is in effect, and we are committed to working with our legal partners to strike this draconian measure once and for all. It also includes a maximum punishment of life imprisonment.