Jithin91
Contributor
- Joined
- 31 Jan 2017
- Messages
- 2,134
- Reaction score
- 3,577
SC to review Section 377: LGBTQI+ community welcomes move
The Supreme Court on Monday said it will re-examine its verdict upholding Section 377 of the IPC that criminalises gay s#x. A bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar, and DY Chandrachud decided to re-examine the top court's earlier order upholding section 377 of the Indian Penal Code. "Our earlier order needs to be reconsidered," said Justice Misra on Monday.
The court order came on a petition filed by 10 individuals, who said that IPC section 377 was "violative of fundamental rights under Article 14 (right to equality) and Article 21 (right to life)".
Senior advocates Kapil Sibal and Arvind Datar, the advocates for the petitioners, said that the petitioners’ “rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with the other Fundamental Rights guaranteed under Part III of the Constitution, were infringed by Section 377 of the Indian Penal Code, 1860.”
The Supreme Court had earlier set aside a Delhi High Court verdict, which had decriminalized gay s#x. The law, as it currently stands, states that “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[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”.
Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment Which Upheld The Vires Of S.377 IPC [Read Petition] | Live Law
The Supreme Court on Monday said it will re-examine its verdict upholding Section 377 of the IPC that criminalises gay s#x. A bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar, and DY Chandrachud decided to re-examine the top court's earlier order upholding section 377 of the Indian Penal Code. "Our earlier order needs to be reconsidered," said Justice Misra on Monday.
The court order came on a petition filed by 10 individuals, who said that IPC section 377 was "violative of fundamental rights under Article 14 (right to equality) and Article 21 (right to life)".
Senior advocates Kapil Sibal and Arvind Datar, the advocates for the petitioners, said that the petitioners’ “rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with the other Fundamental Rights guaranteed under Part III of the Constitution, were infringed by Section 377 of the Indian Penal Code, 1860.”
The Supreme Court had earlier set aside a Delhi High Court verdict, which had decriminalized gay s#x. The law, as it currently stands, states that “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[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”.
Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment Which Upheld The Vires Of S.377 IPC [Read Petition] | Live Law
