Section 377 is history: SC holds law targeting LGBTQI community unconstitutional

Section 377 crimalises anal and oral sex, and claims that it goes against "the order of nature with any man, woman or animal".

Suri is openly gay and had filed a fresh writ petition with the Supreme Court this year in favour of decriminalising Section 377 of the Indian Penal Code.

Though the law is rarely enforced in full, it has helped create a culture of fear and repression within the LGBT community, say campaigners.

"No one can escape from their individuality", the CJI said, citing John Mills.

The Supreme Court on Thursday pronounced its much-awaited verdict on a clutch of petitions and decriminalised 158-year-old colonial law under Section 377 of the IPC.

The top court's verdict was previously set to be delivered on July 17, but on that day, it chose to reserve its verdict. "We have to demand our rights", said Kaushik Gupta, a lawyer-activist. "It is a massive time to celebrate", the Lalit group executive director who is also a petitioner in the Section 377 case told news agency ANI. Chief Justice Dipak Misra noted that majoritarian views and popular morality can not dictate constitutional rights.

More news: White House Counsel McGahn leaving; key man in legal storms

Section 377 has always been the reason to cause a stir in the society. Twenty-four years later, the Supreme Court has indicated that it may do away with the criminality clause against consenting adults. "Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of freedom of expression", the court said. "You can not impose your sexual orientation on others without their consent", the top court had said.

Denial of right to sexual orientation is denial of privacy rights. "Consensual sexual acts of adults are allowed for LGBT community".

They had sought decriminalisation of consensual sex between two consenting adults of the same sex by declaring Section 377 illegal and unconstitutional.

The Constitution Bench hearing in the Section 377 case began on July 10, with Justice Chandrachud orally observing that a person's choice of a partner is a fundamental right to life, and a "partner" includes same sex partner. This petition was Navtej Singh Johar and others versus Union of India, filed in 2016, after the Supreme Court struck down the Delhi high court order.

Advocate Manoj George, appearing on behalf of two Christian associations, had also criticised the "U-turn" resorted to by the Centre in the present batch of petitions, considering its earlier stand in Suresh Kumar Kaushal.

(Copyright © 2015. All Rights Reserved.)
 
Recommended

Whoa: Judge Tosses Charges For Three Of The New Mexico Terror Suspects
Forensic medical investigators have not identified the cause and manner of the boy's death as they continue their analysis. The boy was last seen leaving his Jonesboro, Georgia, home with his father, Siraj Wahhaj, in late November.

Mobile experienced a data breach on August 20
T-Mobile's cybersecurity team learned of the incident on August 20 and shut down the unauthorized access. The company reported that it sent out emails, text messages and letters to those who are affected.

Sam Patten, former Manafort associate, charged with illegal lobbying
Patten was charged via a criminal information , which is a document that prosecutors use when a defendant waives an indictment. US prosecutors said Patten's company was paid $1m for advising Opposition Bloc and lobbying USA politicians on its behalf.

Trump visits golf course while Washington mourns McCain
Larson died in 2014, and McCain wrote in his recent memoir that he wanted to be buried next to his friend, "near where it began". Every aspect of the senator's weeklong memorial carried political and personal significance, including his pall bearers Saturday.

Ryan Giggs dismisses Jose Mourinho replacement talk backs Manchester United response
The Special One suffered his heaviest ever home defeat as a manager last night as Tottenham ran out 3-0 winners at Old Trafford . Manchester United legend Ryan Giggs says that Jose Mourinho remains "the right man" to manage the Premier League giants.

Kerala: Now Pakistan comes forward to offer assistance
Qureshi said a State Department statement issued after the call was "contrary to the truth". The prime minister will also not use special planes for foreign visits or domestic travels.

China to give $60 billion in financial support to Africa, Xi says
China defends continued lending to Africa on the grounds that the continent still needs debt-funded infrastructure development. Xi said China would increase cooperation with the continent, including expanding imports of products beyond resources.

Space station "stable" after leak
Flight controllers at NASA Mission Control Center in Houston worked with their Russian counterparts to enable the repairs. The leaking Soyuz - one of two at the station - arrived at the orbiting lab in June with three astronauts.

The Economist defends decision to invite Bannon to festival
Patton Owalt also dropped out and suggested that the New Yorker replace him with right-wing troll Milo Yiannopoulos. A number of attendees, including actor Jim Carey and presenter Jimmy Fallon , then said they would not attend.

Sacha Baron Cohen's 'Who Is America' cut the Sarah Palin interview
Of course, that didn't stop Simpson from repeatedly mentioning how lovely she was. "We're both, how you say, ladykillers". Simpson's reactions are uncomfortable, awkward. but totally priceless. "She knows that", Simpson said, laughing.

Gladys Knight ‘reveals she has cancer at Aretha Franklin’s funeral’
An arrangement from singer Sam Moore included a card that read , "You know I always adored and loved you to bits and pieces". Wright Museum of African American History for two days of public visitation earlier this week.

Hazard ‘ready for 50 or 60 minutes’ - Sarri
Hazard has come off the bench in each of Sarri's Premier League games in charge, with the Blues taking maximum points from two matches.

State, local leaders express sympathy on passing of Sen. John McCain
Bush also released a statement on Mr McCain's passing, writing how hard it is to imagine that such a vivid life has ended. Our hearts and prayers are with you!"-but it's the Instagram version of that sentiment that's getting all the attention".

Walker gives Manchester City win over Newcastle
First he saves from Fernandinho, then he gathers himself to block Silva's rebound before making denying the Spaniard once more. Benitez's side take on Premier League champions Manchester City in a televised game this evening.

Arsenal win five-goal thriller at Cardiff City
The same can be said of Aaron Ramsey , who faces his former club when he returns to the Cardiff City Stadium . Arsenal attempted to reassert their earlier authority after the break as Cardiff were penned back.


More News

News
More News