A five-judge Supreme Court bench by unanimous decision today decriminalised Section 377 making gay sex legal.
Reactions to the Supreme Court's judgement decriminalising gay sex
UN lauds SC verdict on homosexuality, hopes it will boost efforts to eliminate stigma
The United Nations lauded the Supreme Court for striking down a "key component" of IPC's Section 377 which criminalises "specific sexual acts between adults" and said the judgment will boost efforts to eliminate stigma and discrimination against LGBT persons.
It also hoped the ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBT persons.
Section 377: Gay sex legal in India, LGBT community celebrates across the nation
Reading out the verdict, Justice Chandrachud said denial of right to sexual orientation is akin to denial of right to privacy
Constitution nurtures dissent as safety valve of society, we can't change history but can pass way for better future: Supreme Court
All five judges signed the verdict - Homosexuality gets legal approval and recognition.
SC reads down 158-years old colonial law and allowed gay sex among consenting adults in private.
Justice Indu Malhotra says history owes an apology to members of LGBT community and their families for ostracisation and persecution they faced because of society's ignorance that homosexuality is a natural trait; its penal suppression infringes a host of fundamental rights.
SC terms sexual orientation as biological phenomenon, says any discrimination on this grounds is violative of fundamental rights.
Celebrations in Chennai after Supreme Court legalises homosexuality
Justice Chandrachud says state has no business to get into controlling the private lives of LGBT community members or for that matter, any citizen
Justice Chandrachud said decriminalising gay sex is only the first step to bury the Colonial Ghost, adding that time has come to move forward and give the LGBT community the other constitutional rights.
SC says Section 377 of the IPC was a weapon to harass members of the LGBT community, resulting in discrimination.
Supreme Court says other aspects of Section 377 dealing with unnatural sex with animals and children will remain in force.
Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC, says SC.
Earlier, reading out the verdict, Justice R F Nariman said homosexuality is not a mental disorder, which has been also recognised by Parliament. Centre must give wide periodic publicity to the SC judgment to eliminate stigma attached to LGBT community.
Section 377 of the Indian Penal Code is a section of the Indian Penal Code introduced in 1861 during the British rule of India. Modelled on the Buggery Act of 1533, it criminalises sexual activities "against the order of nature", including homosexual sex.[1][2]
The section was struck down as unconstitutional with respect to sex between consenting adults by the Delhi High Court in July 2009.[3][4][5] That judgement was overturned by the Supreme Court of India (SC) on 11 December 2013 with the Court holding that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.[6][7] On 6 February 2016, the final hearing of the curative petition submitted by the Naz Foundation and others came for hearing in the SC. The three-member bench headed by the then Chief Justice of India T. S. Thakur said that all the 8 curative petitions submitted will be reviewed afresh by a five-member constitutional bench.[8]
On 24 August 2017 in a landmark judgment (also known as the Puttuswamy judgement), the SC had upheld the Right to Privacy as a fundamental right under the Constitution. The SC also had called for equality and condemned discrimination, stated that the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the LGBT population are real and founded on constitutional doctrine.[9] The Puttuswamy judgement is believed to have implications for section 377 as consensual sexual acts in private can no longer be overseen by law.[10][11][12]
In January 2018, a three-member SC bench heard a petition filed by five people asking the SC to revisit the Naz Foundation judgment. The case was referred to a larger bench and help was sought from the Union government.[13] On 10 July 2018, a five-member constitutional bench of the SC commenced hearing of the pleas challenging the constitutionality of section 377.[14][15] On 6 September 2018, the Supreme Court ruled unanimously that Section 377 was unconstitutional "in so far as it criminalises consensual sexual conduct between adults of the same sex"
क्या है धारा 377 ? SECTION 377 की पूरी ANALYSIS debate lgbtq lgbt supreme court latest news | |
| 431 Likes | 431 Dislikes |
| 13,848 views views | 1,295,197 followers |
| Education | Upload TimePublished on 6 Sep 2018 |
Không có nhận xét nào:
Đăng nhận xét