Right now the Supreme Court of India is hearing petitions filed by various parties for the repeal of Section 377 of the Indian Penal Code that makes homosexual acts a crime. This section indirectly makes being gay in India a crime. In 2009 the Delhi high court repealed it and decriminalized homosexuality which was a big step forward for the gay community in India. Unfortunately in 2013 the Supreme Court stayed this decision by the Delhi High Court and criminalized homosexuality again.
Thankfully after some time the Supreme Court agreed to review its own decision and allowed a curative petition to be filed to be heard by a constitutional bench. Meanwhile the privacy and other related judgements by the Supreme court in the intervening years have strengthened the arguments for repeal of Section 377 which has resulted in the latest strings of petitions.
The hearing on these petitions started on 10th of July 2018.
OhMojo.com hopes the Supreme Court does the right thing and corrects its own flawed judgement what was most definitely not in the spirit of the rights granted to the citizens of India by the constitution.
|Displaying 1 to 42 of 42 comments.|
|Posted On Jul 11, 2018 - 05:56 AM|
In the Privacy Judgement of 2017 the Supreme Court had ruled that "Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual".
This forms the main basis for the hopes that the gay community feels that the Supreme Court might correct itself this time around.
|Posted On Jul 11, 2018 - 06:00 AM|
IT MAKES SAD
|Posted On Jul 11, 2018 - 06:15 AM|
hopefully this law which exist in India during British rule come to end.. being gay or bi is not crime. kepping finger crossed
|Posted On Jul 11, 2018 - 06:48 AM|
Yesterday, Attorney General KK Venugopal refused to appear for the government as it seems that the government wants him to take a stand that he does not agree with and so he decided to not appear at all. Incidentally, he appeared for the curative petition and was for the review of the Supreme Court judgement that criminalized homosexuality again.
This makes Attorney General KK Venugopal a friend of the gay community.
|Posted On Jul 11, 2018 - 06:58 AM|
People who have supported decriminalization of Section 377 include lots of leaders from both the current BJP government and the previous Congress Government.
Foremost amongst them is Congress leader Shashi Tharoor who actually brought a private bill to Parliament to try and repeal Section 377. Unfortunately it was thwarted by the BJP that holds a majority.
Other supporters include the previous Congress president Sonia Gandhi, current congress president Rahul Gandhi as well as BJP leaders Arun Jaitley, the then health minister Harsh Vardhan, the then Law Minister DV Sadananda Gowda and even RSS Joint General Secretary Dattatreya Hosabale. These are friends of the gay community.
People who are openly and strongly against decriminalization include Home Minister Rajnath Singh, BJP MP Subramanian Swamy and of course Baba Ramdev.
While the current government has not officially taken a stand on this issue, it seems they are against decriminalization or at the least they do not want to be seen taking any stand that may impact their poll chances in 2019.
The previous Congress government also did not take any official stand, however, they did not appeal the Delhi High Court judgment which meant that they implicitly supported decriminalization.
|Posted On Jul 11, 2018 - 07:40 AM|
It's damn old rule which needs to be repealed. Government has no business to peep into the bedroom. The purpose with which it was brought by the colonial ruler has been defeated.
|Posted On Jul 11, 2018 - 08:25 AM|
even if the supreme court replace it and recriminalise it how will u change the mindset of our society ??
|Posted On Jul 11, 2018 - 09:23 AM|
Now as per latest news government has informed SC that it doesn't object decriminalization of the law. This is more of indirectly supporting decriminalization. Now the ball is in SC's court. Hope finally a gay friendly decision is taken.
Yeah true, whatever rule comes up, our society, including u and me will be unchanged in their attitude shown towards gays. Will anyone go in public supporting gays? I doubt ...
|Posted On Jul 11, 2018 - 10:53 AM|
Yes, today the government submitted an affidavit to the Supreme Court saying they will leave the decision of repeal to the Supreme Court. While a positive stance by the government would have been preferably, this neutral stand is still better than a negative one of opposing the repeal. I guess political compulsions does not let successive government to openly support the repeal.
On the question of acceptance by society: yes it will take time for actual change on the ground but the repeal of sec 377 will go a long way towards that goal. Remember how so many young people came out of the closet when it happened in 2009? The more visible gay people become the more change we will see in society.
Just 2-3 years ago, the US was debating marriage rights for gay people. There were so many debates and opposition. But the Supreme Court there didn't go by the popular opinion but upheld the right for gay people to get married. It had a big catalytic effect in normalizing gay relationships and now the status on the ground is that gay couple is considered completely normal there! Repeal of sec 377 will have the same impact here. Remember, traditionally Indian society has always been much more accepting of homosexuality. You don't see many homophobes here. Most people who get exposure to gay people accept them. Visibility becomes very important that way.
|Posted On Jul 11, 2018 - 01:02 PM|
Supreme Court has today observed that consentual *** between adults is not a crime. Sexual orientation is a matter of right. Govt will not oppose scrapping of 377.Chief Justice of India indicates that he is for gay rights. Addl. Solicitor General says in court that choosing partners is a fundamental right.This are enough indications that 377 will go
|Posted On Jul 11, 2018 - 01:39 PM|
I think more then the society changing and all that bull ***..the main thing here is we will be safe..no more black mailing by cops or rogues..we will be more at ease.the mindset of the people will change over time..but this will do wonders for the gay community as a whole ...we should be a lot more safe after this.
|Posted On Jul 11, 2018 - 02:18 PM|
Chief Justice of India Dipak Misra today indicated that the 150-year-old ban on gay *** may soon be gone. -We intend to rule, subject to arguments, that two consenting adults even if engaged in 'unnatural ***' will not be liable for prosecution for any offence,- Chief Justice Misra said. The observation of the court, which is hearing a bunch of petitions calling for decriminalization of gay *** and scrapping of the relevant law under Section 377, came after the government said it would leave the decision to the five-judge constitution bench.
|Posted On Jul 11, 2018 - 05:14 PM|
Yes all the indicators suggest Section 377 will be soon gone. This is a major milestone in India for the gay community. The 2009 verdict was from the Delhi High Court so the rest of the country was still sitting on the fence however the Supreme Court verdict impacts the whole nation. It definitely means that gay people can go about their lives like any other human being no fear of cops or blackmailing. There are bound to be homophobic people but they cannot get aggressive.
If the Government had not intervened or probably had a positive position of 377 the Supreme Court was moving ahead to allow Gay Marriage and Succession Act(inheritance). Unfortunately the Govt wanted this to remain within the purview of decriminalising 377. Imagine what a huge step forward it would have been for India. BTW I learnt today that the Hindu Marriage Act does not discriminate on gender technically the act allows same gender marriages as long as it is between two Hindus.
|Posted On Jul 11, 2018 - 06:19 PM|
I don't understand why everyone is mixing different topics.
377 is not about homosexuality.
It is about unnatural *** ( gender Neutral).
Which also means that oral *** n *** *** between hetero couples is also illegal.
I think there is enough proof that probability of STDs n HIV is higher while having unnatural *** as compared to *** in *** ***.
Hence, Govt.is only asking you to avoid *** in ***.
|Posted On Jul 11, 2018 - 06:34 PM|
Further, the onus of society accepting Homosexuality should not be with Govt. Or with others.
It lies with the community.
If the community acts responsibily n behaves like a usual citizen ... LGBT will be treated as Normal people
If LGBT wants to be in limelight by indulging in risky n unlawful behavior such as getting *** behind truck terminals n looking for *** in railway loos ...then even of law allows homosexuality......LGBT won't earn respect.
Think about Rituparna Ghosh
Ricky Martin or Ismail Merchant or Vikram Seth. They are famous not for being Gay...but more for their work.
Contrast this to Bobby Darling or Karan Johar or those people who purposely wear hot pants and a pink fur around neck to announce to every one that they are gay and want publicity / attention out of it.
Treat yourself as normal , showcase urself as normal and society will also treat you as a Normal person.
What say people?
|Posted On Jul 11, 2018 - 06:37 PM|
Well said chembur, i second your thoughts and observations.
|Posted On Jul 11, 2018 - 06:55 PM|
Such rampant homophobia amongst homo/bisexual men themselves!! Nobody is asking to be celebrated for their sexual behaviours. We are fighting for decriminalisation of our desires. All of us have our multiple identities and our sexual orientation is as legitimate as any. I choose to be Rituparno Ghosh. I choose to be Bobby Darling. Neither identity makes me any lesser.
People do not go behind trucks or loos because they are gay. They go because they have no societal sanction for their desires thus marginalising themselves. Indecency law will definitely apply to anybody caught in such act. But should we really debate that in today's context.
Whoever says IPC 377 is gender neutral is bigoted to say the least. No straight man or woman ever hesitates to engage in any amorous activity for the fear of law. 377 directly affects queer men and trans identified women. It is not prosecution, it is persecution we fear.
|Posted On Jul 11, 2018 - 07:41 PM|
First of all, I am happy to see so many comments on a thread after a quite a while in ohmojo. Of late, the responses have been lukewarm. Immensely to happy to see so many people talking about a topic as important as "SECTION 377". This shows the solidarity among the gay fraternity when it comes to such issues.
As such section 377 is not an exclusive anti-gay or same *** criminalisation law. The section says any *** against the order of nature is an criminal offence. Say an act between a human and an animal is also covered under this law. I think the Delhi high court's iconic verdict was the best "any sexual act between two consenting adults is not a criminal offence". In my point of view, rather than completely repealing the section, I wish the Supreme Court gives a proper definition like in the Delhi high court verdict. Guess how an ambiguous term as 'scheme' let the Tamilians suffer still for water.. So it's better the Supreme Court gives a proper definition and explanation of its verdict rather than leaving room for vague interpretations.
Also I wish the apex court doesn't leave this to the government to decide, cos the saffron sympathisers and their allies will use this as bait under the pretext "we are the safekeepers of culture" - just for the sake of vote bank politics..
Let's wait and see.. Hope and pray for the best..
More than this law in my personal opinion, I want more stronger laws and stringent punishments to the child *** abusers, cos I have seen more men even this gay community are child abuse victims than born gays.
|Posted On Jul 11, 2018 - 08:05 PM|
isko to jana hi tha aj nahi to kal. time a gaya to take its place in history forever.
|Posted On Jul 11, 2018 - 09:56 PM|
Very immature and out of context comments. Unrelated to the thread. And homophobic too, but i dont think u wud b able to see it that way. U wudnt hve made such comments had u been able to see it tht way.
Getting back to the thread topic, it certainly had to come down. The sooner the better. I saw a lot of homophobic comments on sm news forum abt this. Its so disheartening to see so many common ppl having such ill-informed n prejudiced views of ppl with alternate orientation. They need to be educated. Or rather, they shud have been properly educated/raised. Anyway, times change. Glad that the apex court is coming up with sm positive rulings. The goverment it seems wants to play safe, nd not want to play the spoilsport.
|Posted On Jul 11, 2018 - 10:17 PM|
Frankly speaking, what possible crime can happen, when two people engage in what is deemed as unnatural ***. Section 377 is just a joke. Crime against whom or what? Who is the victim of this perceived crime? Nature? Society? Religion? Homosexuality is perfectly natural and observed in the animal kingdom. What possible harm can it cause to the society. Suppose if we take an extreme example, suppose if two guys or girls decide to get married? What has society to gain or lose in that? Shouldnt it be the fundamental right of an individual whether he wants to reproduce? I m not even counting adoption, surrogacy n other options. If i want to lead a happy n gay life for as long as i wish to, without ever producing an offspring, who is anyone to stop me from doing that.
Its perfectly legal n acceptable in more than 20 countries for ppl to be gay, for gay ppl to be married, nd hv all the inherence n adoption n other rights tht straight ppl enjoy. Straight ppl get all their rights n privileges without having to ever fight for it. But we have to fight for even the most basic n fundamental of rights. Its a tough life, but we need to be courageous nd support each other. Homophobia is quite deeprooted in sm corners, we will have to work hard if we wish to overcome it. The abolition of sec 377 of ipc is just a milestone, a positive step forward in the right direction, there is much more to be done.
|Posted On Jul 11, 2018 - 11:21 PM|
|Posted On Jul 12, 2018 - 02:47 AM|
My post never said homosexuality is an unnatural.
No citizen is caught by police for being or declaring himself/herself as Gay or lesbian or bi or trans.
If I was homophobic, I would not have been on this site. I m only saying that instead of putting the ball on "other's" court, the onus of building acceptance should be with the community.
Afterall, isn't respect more important than just legal status?
Just imagine, if homosexuality is legal, but homosexuals are still treated with disrespect...is it Ok?
|Posted On Jul 12, 2018 - 02:58 AM|
@chembur, you may not be overtly homophobic but you certainly have internalized homophobia. You think a Bobby Darling or a Karan Johar are bad example of gay people. Why? Just because they do not fit your view of how gay people should look or behave? That is exactly the view homophobic straight people have.
Everyone should have the right to be themselves. If that means someone wants to be feminine they should not have to worry about being ridiculed or worse being persecuted for it. If someone wants to be "straight looking" that's ok too. Just because you find something embarrassing does not mean the other person has to adhere to your definition of "normal" or "natural". I feel, in fact, that those people are much stronger and daring because they knew they will be ridiculed and yet decided to be themselves out in public rather than try and fit the "normal" look and behaviour that the so called "society" expects them to be.
|Posted On Jul 12, 2018 - 05:26 AM|
There are several cases today where the police and the rule makers are misusing this article to catch such people, threaten them, get themselves forcefully satisfied by these guys being caught and also get huge bribe from the guys being caught. It is being used as a tool by these policemen and so called moral guys to loot money by threatening. Hope all these will go away once this article is abrogated.
|Posted On Jul 12, 2018 - 05:52 AM|
Hey guys chill.. Instead of arguing on this forum u all shud be out on the roads supporting this move. It will help if u join our fellow brothers who are fighting for all of us in those court rooms n streets. Dont just thunder, shower ur rain too sometimes.
|Posted On Jul 12, 2018 - 05:57 AM|
@BigBoyMayan , Very well said, couldn't agree anymore with your comments.
In spite of so much of advancements in science, still our society, most of the well educated people and even many guys among ourselves think as if homosexuality is a big sin and taboo. It is just the natural instinct to quench their desire and nothing else. Just based on the fact that majority practices one way, one is defined as natural and the other is "Unnatural" as well as sin. what an obsolete and archaic way to define it :) :) It is by design these guys get the feeling only with the people of same ***, that is what is natural instinct for them.
Yeah, a great step forward in taking the initiative to scrap this article. Thanks to the central government too for not opposing this move!
Waiting for the final verdict to come out.
|Posted On Jul 12, 2018 - 06:25 AM|
Completely agree with you, well said. We should completely keep away politics and the hidden agenda of our support or opposition to any political party out of this discussion.
Chill......Let us stay united to support a common public cause and guys avoid posting anything with political colour in this forum as obviously it will invite wrath of other group.
|Posted On Jul 12, 2018 - 07:43 AM|
@chembur i see what u mean. But its abt stereotyping genders n orientations, which is never good. Any individual should be free to choose his identity, the way he lives n behaves, walks n talks, or dresses. Ppl shud stop judging others n imposing their will on others. What they shud b doing n all. Mind ones own business. Hope u understand what i m trying to say.
And ya, we should stay united n fight for our rights. Its not even abt any privileges or reservations or perks. Its just abt our plain existence, which the society doesnt acknowledge. We need to make sure that we change that perception. There are gay ppl in the world. Its natural. We have always been here, we are here now and we will always be.
|Posted On Jul 12, 2018 - 07:50 AM|
I do not agree with the point of keeping politics aside. The repeal of the section got delayed so much because of politics! The original petition was filed in 1994! No government or political party was ready to support it and do the right thing. Why did that happen? Because gay people were not an organized lot and couldn't lobby and influence political views!
When the Supreme Court overturned the Delhi High Court Judgement, it ruled that it is up to the parliament to repeal the law. Did parliament do it? NO! And it was totally because of politics. Even now the government is putting the onus on the courts and not taking the onus on itself because of the politics involved.
It is very naive and dangerous for us to sweep this fact under the carpet. We need to be organized and we need to be able to influence political views. This is what has happened in the last 3-4 years. When the courts refused to do anything, Influential people started lobbying. Gay groups got more organized and started influencing political parties/groups and political individuals. A lot of political leaders openly started supporting the repeal of Section 377 only after that! If politics were to be ignored, this would not have happened at all.
|Posted On Jul 12, 2018 - 08:25 AM|
Just make matters clear the actual text of IPC377 are given below..
377- Unnatural offences:
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 ten years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
The ambit of Section 377 extends to any sexual union involving penile insertion per se. Theoretically, sexual acts such as fellatio and *** penetration may be punishable under this law.
|Posted On Jul 12, 2018 - 03:23 PM|
I very dearly wish that Section 377 of the IPC gets scrapped by the Supreme Court as soon as possible and we can be ourselves without the fear of getting prosecuted.
But when this will be an important stepping stone towards our freedom, I think that a great fight is yet to be own. It's against the society and moreover, against ourselves.
Personally, I'm a closeted gay person but I'm out to some of my friends, most of who have accepted me without any hesitation. (There is one exception of course who doesn't talk to me anymore, but thankfully he had kept the thing to himself). But when I've talked to them personally, all of them have admitted that it'll be difficult for them if the thing happens in their family. They admitted that they may eventually get used to it, but it'll be difficult for them to accept the situation completely.
I have another friend with whom I had some fling at a certain point of time, but he is still very afraid to accept the fact that he's gay. He tries to avoid me all time and one time, when I did have a chance to talk, he told me that those experiences haunt him and so do I. Though he told me that he doesn't blame me for that as he was also willing then, but I still can't help myself feeling that I am the one responsible for his nightmare.
And why am I looking at only other people? I can feel it in myself too. I'm thinking about coming out since long. But I'm afraid. Firstly, I don't know how my parents will react. Though they're pretty liberal and I'm sure that they won't cut the ties with me hearing this, but I think this will shatter them down. I don't know whether I'll be able to make them understand that it'll be far better for me to live with another man than getting married to a woman and ruining the lives of both. And there comes my second fear. I don't know whether I'll be able to find a suitable man to student my life with. In these gay social media, I've met only those man who are looking for *** only. I don't blame them for this. They are also probably thinking in the same way I am. But as of now, though I really want to, I can't see myself spending my life with a man with whom I can share every little things of my life.
So this freedom that we all are waiting for, will be available to us only if we try to change ourselves and sensitize the people around us. If the section 377 gets barred, it'll obviously open a huge window of opportunity for us to open ourselves up to the people we care for. This may give us many opportunities to merely bring the topic to discussion. But there is a long road that is yet to be traveled. Just let's hope that a positive verdict from the Supreme Court of India will supply us with sufficient fuel to keep us going...
|Posted On Jul 12, 2018 - 03:26 PM|
I'm sorry if you guys think that my previous comment isn't relevant for this thread. But I actually wanted to share my thoughts.
|Posted On Jul 12, 2018 - 04:38 PM|
Someone rightly pointed out that Section 377 criminalizes all forms of unnatural *** eg. ***, *** ***, more than 2 somes all these for even hetero couples, *** with animals etc. Since gays have only 2 choices, it includes gays too.
Section 377 is in violation of Fundamental right to life and liberty. Govt or any court has no business peeking into anyone's bedroom. While 377 is big section, I feel *** between consenting adults (even if it is unnatural) cannot be punished. In fact in first SC hearing, govt did say that it needs to be removed as it does not confirm to recent world developments and sexual orientation.
If Supreme Court can give wrong judgement once, why do we expect it to repeal judgement now? In future, it can change its stand again. There are many stupid laws like 377 which criminalises men out of no real issue. 377 is just one of them. Need is to change societal mindset. Sometimes even gays dont treat other gays properly. Gays also need to change their mindset.
Just for example, how many gays here or on other sites have funded the petitioners or gay activists in the past (even with small contribution)? Dont expect any authority to change anything. You are the change!!
Btw kudos to gay rights activists, lawyers, financiers supporting this move in SC.
|Posted On Jul 12, 2018 - 05:04 PM|
Arey...yaaron...chodo ye jhagada...let's hope that SC announces a positive step forward..however..I strongly that itsnjust a milestone and a lot more to be done...not only by the community..that will anyways be cured over time..but also we all individuals need to take measures so that we earn respect...I feel.whether u be straight or gay...earning respect isnin our hands ..I do agree that because of law..today's we are attracted to get into acts that may not be good example for sofisticated couples *** inside lavish bedrooms behind the curtains...with a positive decision by SC
We will get a raynof hope...and pulling from there on will depend.on how sensibly and responsibly we carry ourselves in society...
Baaki raha ye kanoon ka Natal...toh aajkl *** change.operation bhi hota hai...Lund nikal me choot lava lenge air shadinkar lenge...tab toh legal hoga naa...and we will.be able to enjoy our interests without fear...what say guys?
Sorry to all those ..jisko.mera view point pasand nahi aaya...but that's my thought on the subject
..after all the expectation is tonlead a happy life and with dignity.. And whatni know is ..its majorly in our hands..if we open up and show courage..the world will follow..its.only matter of time...
For.now...leave it to SC and hope for the best...cheers guys
|Posted On Jul 12, 2018 - 06:09 PM|
the next step after striking down 377 is to fight for gay rights for equality. like right to marriage, adopt, property rights, work rights, right to donate blood, right to service in army etc. and for that we have to form a political party coz i think no party wl hv the balls to fight for these rights in next 50 years. and we cant sit idle and wait for them to do something for us. hopefully by 2023 (before 2024) this wl b done. i want to do it. atleast starting from all big metro cities (mumbai, delhi, banglore, chennai, kolkata for example) and slowly moving up from there. just LGBTQ community has to give all their votes to that party only. tab dekhna kaise other big parties start to raise those issues in their manifestos :)
|Posted On Jul 13, 2018 - 03:41 PM|
Sec 377 criminalises non penovaginal ***. I am sure everyone can understand the implications thereof.
One of the senior lawyers made it very clear during the hearing that sec 377 is USED ONLY AGAINST HOMOSEXUALS. It is not used against heterosexuals. Obviously, how can law enforcers have proof ? Most of the homosexuals who are tortured are done so without proof by the police as getting evidence would be difficult. They harass men at cruising spots on the foundation that gay intimacy is immoral and illegal.
Being gay bisexual and gender dysphoria are natural variations. They are not attention seeking behaviors. So assuming that these behaviors are present to attract attention shows lack of knowledge and information. People should read well on these topics and then form an opinion, especially when educated. Of course, being abusive or offensive even after knowing shows the hateful. negative, bigoted and narrow mindedness. More often than not, its the so called bisexuals who propagate and breed this mentality. They are trying to cover up their insecurities as they want to have the best of both the worlds and think they are sinners.
People who feel feminine behavior by men and vice versa is wrong or embarassing or immoral should not be on this website. This is a gay website an you may claim of being top and not gay. But the fact that you enjoy a man;s touch , however it is , shows that u like men. ALl the labels do not matter. You are homosexual. Partail or complete does not matter.You cannot have the cake and eat it too.
|Posted On Jul 15, 2018 - 04:28 AM|
whether SC repeals the law or not, its only when indan society accepts that there can be an alternate sexual orientation, then only LGBT community can breathe free.
And to get this acceptance, the responsibility lies entirely on the community.
How we behave in public, How we present ourselves in society, How we interact with each other within the community, how we think beyond *** n *** organs,
all this matters. We hv to grow beyond the rule tht i cn relate only if physically attracted😃😃
we hv to be accepted by society at large...
|Posted On Jul 16, 2018 - 08:20 AM|
I strongly disagree with the view that the onus is on us to be accepted and acknowledged, particularly with regards to the preachings and sermons. How we shud behave etc. Does anyone ever tell a straight guy how to behave, how many times do we see our straight friends passing lewd comments abt *** women etc openly in the public. If that doesnt make them UNNATURAL, why shud any restrictions apply to gay ppl. If u r telling sm1 dont wear pink dress or dont shed a tear, or dont walk like a girl, u r urself implying that its unnatural. I dont believe we are unnatural in any way. People are just fed the stereotypes from birth n in their growth years. Blue is for boys n pink is for girls. Its fine as long as we are dealing with what ppl wish to do in their private space. But does it need to be extended to interfering in what other ppl want in their lives.
|Posted On Jul 16, 2018 - 10:00 AM|
The idea having colour to the gender, i say is more a western thing, rather than ours. Blue for boys ans pink for girls is such a bad stereotype. you would hardly find clothes for kids other than these colours ☺️
|Posted On Jul 18, 2018 - 05:56 AM|
The hearing in the petition to repeal Section 377 concluded yesterday. Overall, going by the comments made by various justices on the bench hearing the petition, it seems that the Supreme Court has more or less decided to repeal the law. The SC noted that "The whole object of fundamental rights chapter is to strike down those laws which would otherwise not be struck down by majoritarian govts. We won't wait for majoritarian govts to enact or delete".
This gives me great hope that this time around the SC will not put the onus back on the government for the repeal. The Supreme Court has concluded the hearing and has reserved the judgement. Now we just have to wait for the final verdict.
Here are excerpts from what the justices said:
CJI Dipak Kumar Misra:
“We don’t decide Constitutional issues by referendum.”
“There is stigma because there is criminality attached to it. If Section 377 is removed, self-restraint won’t be there anymore. They (LGBTQ) themselves feel discriminated because they are treated differently. They feel stigma because of criminality attached with it.”
“A consensual relationship cannot materialise without the exercise of free choice”
“A declaration (that) this relationship is constitutional will remove the ‘ancillary disqualification’ for people joining services, contesting elections. It will no longer be seen as moral turpitude.”
Justice Indu Malhotra
“Over the years, we have created an environment in the Indian society that has led to deep-rooted discrimination against people of same *** involved in a consensual relationship and this has impacted their mental health also.”
“Homosexuals face a lot of pressure from parents and society; so they are forced to lead a heterosexual life and… turn bisexuals, which, in turn, has huge social ramifications.”
“Homosexuality is not an aberration, but a variation; homosexual behaviour can be found in animals too.”
Justice A.M. Khanwilkar
(Referring to the Centre’s decision to not challenge the petitions) “This isn’t a U-turn. There have been subsequent developments such as the (August 2017) privacy judgment issued by a nine-judge bench.”
Justice D.Y. Chandrachud
“The Centre had not challenged the Delhi high court judgment (striking down Section 377). We have created a societal environment that creates a discrimination of these individuals. If (Section) 377 goes, let’s hope such societal stigmas change.”
“A law criminalising such a relationship is an example of social disdain.”
“We don’t want a situation where two homosexuals enjoying a walk on Marine Drive should be disturbed by police and charged under (Section) 377 IPC.”
“We are not here to talk about some kinky notions of ***… We are here to discuss the nature of a particular relationship between adults and bringing it under Article 21.”
“In Hadiya judgment, we recognised the right to choose a partner to come under Article 21 (right to life). So a ‘partner’ can also be a same *** partner.”
“Courts might not have the same deference for pre-constitutional laws that they have for post-constitutional laws, due to absence of parliamentary will.”
Justice Rohinton Nariman
“You should focus on two points: Whether the order of nature is a relative concept and whether this itself is the order of nature.”
|Posted On Jul 19, 2018 - 03:27 PM|
Bina andolan India me kuchh nahi milega,