Showing posts with label what is section 377. Show all posts
Showing posts with label what is 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

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