Section 377: Government leaves decision to the wisdom of the Supreme Court

Share
Section 377: Government leaves decision to the wisdom of the Supreme Court

Addl Solicitor General Tushar Mehta told the court that if it meant to touch on other issues like same sex marriage, then the Centre will file another detailed affidavit.

During the pendency of the curative petitions, the plea was made that an open court hearing should be granted and after the apex court agreed to it, several fresh writ petitions were filed seeking to decriminalise of Section 377.

ASG Mehta said that if the right to chose sexual partner is declared a fundamental right, then somebody may come up and say that he or she wanted to marry a sibling, which would be contrary to the laws governing to marriages.

At a time when countries all over the world were passing progressive laws that upheld the rights of the members of the lesbian, gay, bisexual, transgender and queer (LGBTQ) community, the Supreme Court in its 2013 judgement quashed the aspirations of many who have been through hell.

Petitioners Anwesh Pokkuluri, Romel Barel and Krishna Reddy M outside the Supreme Court on Tuesday. The determination of order of nature is not a constant phenomenon.

The assurance to the Centre came after additional solicitor-general Tushar Mehta objected to a suggestion from Justice D.Y. Chandrachud, another judge on the bench headed by the CJI.

"We don't want a situation where two homosexuals enjoying a walk on Marine Drive (a Mumbai boulevard) should be disturbed by the police and charged under Section 377", Justice J. Chandrachud, who is a part of the bench hearing the matter, was quoted as saying by the channel.

Chief Justice Misra said: "We will decide whether consensual sex between two consenting adults is a crime or not". "Whether a pre-constitutional law not framed by our Parliament and which does not recognise the needs of our people should remain in existence", asked Rohatgi.

They have also argued that right to sexuality and the right to choice of a sexual partner are fundamental rights protected under Article 21 of the Constitution and have questioned whether section 377 is unconstitutional and violative of the Constitution and hence be struck down.

After this was challenged in a review, the matter was referred to a Constitution Bench of the Supreme Court. Counsel for the petitioners will continue with their submissions today.

Section 377 criminalises the very existence of LGBT persons by criminalising their sexuality, an attribute which is as inherent and intrinsic to a person as their race or gender.

In 2013, the supreme court sent out shock waves by reversing the high court's judgment, prompting "Global Day of Rage" demonstrations in 30 cities worldwide. "The law recognizes petitioners only as criminals and reduces their love to a crime", states the petition. The court will likely resume the hearing on Wednesday.

Share

Advertisement

Related Posts

Why Trump's Iran Isolation Plan May Backfire
Mazrouei said Opec is willing to listen to major oil-producing countries, including the United States. Think your friends would be interested? Zanganeh said Iran's stance on this issue was clear.

Novichok victim now conscious in hospital
Police officers guard a cordon in Salisbury, one of five locations in the city and Amesbury under investigation. Mother-of-three Dawn Sturgess , 44, died on Sunday evening after falling ill in Amesbury on 30 June.

Serena sets sights on 8th Wimbledon title
She was the aggressor throughout, hitting 33 winners to Cibulkova's six, but also doubling her opponent's unforced error count. And Drake looked proud as he turned up to support Serena Williams during her quarterfinal match at Wimbledon on Tuesday.

Pakistan thrash Australia in series decider
Aaron Finch , Fakhar Zaman and KL Rahul are the new one-two-three in the ICC T20 Rankings for batsmen. It's a career-best number for him, his first time in the Top 10, with 690 points, also a career high.

Top Resources for NAHQ CPHQ Exam
This is why it is highly crucial that you go through the exam content outline or exam objectives before you start your study. You don’t need to buy these guides; having one of them is enough to give you all you need to prepare for your test.

Mbappe: Even in my wildest dreams I didn't imagine this
Sir Bobby, who launched the Foundation in 2008, described his charity as his "last and greatest team". His excellent performances are another example of Southgate's positive coaching.

Croatia vs. Russian Federation final score, recap
However, it was the Croatians who held their nerve in the shoot-out to triumph 4-3 and will now face England on Wednesday. Liverpool defender Dejan Lovren expects "a great encounter" as "we have four days to rest and prepare for the game".

Kim breaks LPGA scoring record at Thornberry
Her second shot put her on the green but her birdie try was never close and she had to make a tough putt coming back to save par. The 25-year-old carded a seven-under-par 65 in the final round, after Thursday's 63, Friday's 65 and Saturday's 64.

Meghan and Harry Help Honor Royal Air Force
Harry and Meghan arrived at Aras an Uachtarain in the city's Phoenix Park at 9.30am. They will also visit the Book of Kells as well as Guinness Storehouse and the Dáil.

George Clooney motorbike crash in Sardinia PICTURED
Add George Clooney as an interest to stay up to date on the latest George Clooney news, video, and analysis from ABC News . The clip shows George slam into a Mercedes before flipping over the handlebars of his bike and being flung into the air.

© 2015 ExpressNewsline. All Rights reserved.