Supreme Court says homosexuality is legal

10 September, 2018, 10:30 | Author: Charlene Valdez
  • Exclusive! Tusshar Kapoor on #Section377 We don’t need these archaic laws everyone must live happily

"Like the Supreme Court's verdict, we also do not consider this (homosexuality) as a crime", Rashtriya Swayamsevak Sangh (RSS) "prachar pramukh" Arun Kumar said in a statement.

She told the court: "History owes an apology to these people persecuted by Section 377 for the social ostracism caused by the section".

The position of the court then was that overturning the outdated law was the job of Parliament, which can decide on scrapping laws. Describing Section 377 as a "terrible colonial legacy", they said it violated Articles 14 (equality), 15 (discrimination), 19 (freedom) and 21 (life and liberty) of the Constitution and has a "chilling effect" on the sexual minority.

What Happened In The Court That Day?

Calling sexual orientation "one of the many natural phenomena", the chief justice of India's Supreme Court made a big announcement Thursday about one of the nation's colonial-era laws.

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The Centre had earlier said that the other aspects of the penal provision dealing with minors and animals should be allowed to remain in the statute book.

"It is about an aspiration to realise constitutional rights and the equal existence of the LGBT community as other citizens".

"Social morality can not violate the rights of even one single individual", said CJI Misra and Justice Khanwilkar. He noted, "Human sexuality can not be confined to a binary".

The judgment will be delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

Until today, nine still had the original British laws in place more or less unchanged, including India.

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Under what legal system the Hon'ble Supreme Court admitted almost five petitions on the same subject challenging the validity of Section 377 of the Indian Penal Code. With regard to sexuality and health, it is important to recognize the difference between individual rights and conduct that harms others (non-consensual sex).

During the proceedings on the matter of the constitutional validity of Section 377 and the criminalisation of gay sex under the draconian law, Additional Solicitor General Tushar Mehta, appearing for the government of India, had left the decision on the "wisdom of the court", taking no stand on the issue. Though the decision technically only applied to the Delhi region, it was quickly overruled by the Supreme Court in 2013, following a petition launched by a loose coalition of Christian, Hindu and Muslim groups.

Stating that homosexuality cannot be treated like an alternate sexual behaviour, Swamy said, "There is no finality in the Supreme Court's judgement today, and this can be overturned by a seven-judge bench". Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! "We want the relationship to be protected under Fundamental Rights and to not suffer moral policing", he said.

Prosecution under Section 377 is, however, not common, but activists complain that authorities use the law to harass or scare gay people.

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