Showing posts with label Section 377. Show all posts
Showing posts with label Section 377. Show all posts

Friday, 7 September 2018

'Section 377 gone with the wind', Bollywood celebrates 'a new beginning'

section 377

The Supreme Court, on Thursday decriminalised consensual gay sex. A five-judge SC Constitution bench termed part of IPC's Section 377, which criminalises consensual unnatural sex, irrational, indefensible and manifestly arbitrary. The court also partly struck down Section 377 as violative of the right to equality.

The apex court believes that the homosexuals and the LGBT community deserve equal rights and discrimination on the basis of sexual orientation is a violation of freedom of speech and expression.

"The constitution is a dynamic document, having the primary objective of establishing a dynamic and inclusive society," the judgment of CJI Misra and J Khanwilkar.

The verdict is being celebrated across the nation. From celebrities to commoners, everyone welcomed the decision with elation. Here’s how a few famous personalities from different spheres reacted upon the historic judgement:

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Thursday, 6 September 2018

Supreme Court rules it's not a crime to be a homosexual in India anymore

Supreme Court of India

A five-judge Supreme Court Constitution bench on Thursday unanimously decriminalised consensual gay sex. The apex court termed part of IPC's Section 377, which criminalises consensual unnatural sex, irrational, indefensible and manifestly arbitrary. The court also partly struck down Section 377 as violative of the right to equality.

The historic judgement came on a batch of writ petitions filed by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur and 20 former and current students of the IITs.

"Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC," it said while adding that Section 377 of IPC was a weapon to harass members of LGBT community, resulting in discrimination
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History owes apology to LGBT persons for discrimination: 10 points SC made

Pride Parade, LGBT

The Supreme Court on Thursday struck down Section 377 of the Indian Penal Code, decriminalising homosexual relationships between consenting adults.

The judgement is being held as historic by the civil society as the apex court has for the first time ruled in favour of same-sex relationships. A five-judge constitution bench concurred on the matter and presented their opinion with various philosophical and constitutional rationale.

Key takeaways of the historic verdict:

  • History owes an apology to LGBT persons for ostracisation, discrimination, the Supreme Court of India said
  • LGBT community possesses the same human and fundamental rights as other citizens
  • Sexual orientation a biological phenomenon, any discrimination on this grounds is violative of fundamental rights
  • So far as a consensual unnatural sexual act in private is concerned, it is neither harmful nor contagious to society
  • Courts must protect the dignity of an individual as the right to live with dignity is recognised as a fundamental right

Friday, 27 July 2018

As Sec 377 is in force, Rahul Gandhi must marry before we hug him: BJP MP

modi, trust vote, no confidence motion, rahul gandhi

A day after Rahul Gandhi said Bharatiya Janata Party (BJP) MPs step back on seeing him as they fear he might hug them, BJP MP Nishikant Dubey on Thursday took a jibe, saying the leaders might be divorced by their wives if they embrace the Congress president as "Section 377 hasn't been scrapped as yet".

Dubey said BJP MPs can hug Gandhi only when the Congress president gets married.=

"Why should we hug him. Section 377 hasn't been scrapped as yet. And our wives will also give divorce to us. If Rahul Gandhi gets married, then we will hug him," he said.  

The IPC's Section 377 criminalises sex among people of the same gender. 

Tuesday, 17 July 2018

Hearing on Section 377 concludes; Supreme Court reserves judgement

supreme court, sc

The Supreme Court on Tuesday reserved its verdict on a clutch of pleas challenging the constitutional validity of section 377 of Indian Penal Court which criminalises consensual gay sex.

A five-judge constitution bench headed by Chief Justice Dipak Misra concluded hearing the arguments on the contentious issue after detailed hearing of four days, which had commenced on July 10.

The bench, also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, asked the parties to file written submissions in support of their claims by July 20.

The verdict is likely to be pronounced before October 2 this year as Justice Misra would be retiring as CJI on that day.

Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

Wednesday, 11 July 2018

No objection if Supreme Court deals with validity of Section 377: Centre

supreme court

The Centre on Wednesday told the Supreme Court that it would leave it to the wisdom of its judges to decide on the constitutional validity of Section 377 on the issue of criminalising unnatural intercourse between two consenting adults.

A five-judge constitution bench headed by Chief Justice Dipak Misra, which is hearing a batch of petitions challenging its 2013 verdict that had re-criminalised consensual sex between two consenting adults of the same gender, was told by the Centre that it has no objection with the court dealing with the validity of this penal provision.

"We leave to the wisdom of the Court to deal with the validity of Section 377 so far as it relates to consensual sexual acts between two adults," Additional Solicitor General Tushar Mehta, representing the Centre, told the bench at the outset of the crucial hearing which entered the second day..
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