Breaking! Gays in India are NOT criminals, says SC

by Garry Watts September 6, 2018, 12:57
Breaking! Gays in India are NOT criminals, says SC

"Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC", it said while adding that Section 377 of IPC was a weapon to harass members of LGBT community, resulting in discrimination.

Going by the proceedings in the court, it appears as though the court would decriminalise the section which the LGBT community has termed as draconian. The court will be giving its verdict on the 5 petitions which state that Section 377 violates the basic rights mentioned in the Constitution of India.

"No one can escape from their individuality", the CJI said, citing John Mills.

The five-judge Constitution bench has assembled in court and the judgment will be read out shortly.

A historic judgement was passed by the Supreme Court on Thursday under which Section 377 of the Indian Penal Code has been struck down.

The top court's verdict was previously set to be delivered on July 17, but on that day, it chose to reserve its verdict. "LGBTQ community possesses same rights as others".

The top court, while pronouncing the verdict on a batch of seven petitions it was hearing, the court said, "Homosexuality is not an offence".

Seeded Simona Halep makes history with first-round US Open loss
World No. 44 Kanepi was a quarter-finalist in Flushing Meadows previous year , but her form has been unremarkable this season. Halep, however, has already secured her rank through the tournament, so she will remain No. 1.

"Respect for individual choice is the essence of liberty", Dipak Misra, India's chief justice, told a packed courtroom.

"Section 377 inflicts tragedy and anguish; it has to be remedied".

The apex court had asserted that courts can not wait for a "majoritarian government" to decide on enacting, amending or striking down a law if it violates fundamental rights. "What is unnatural? It can be between a man and man and also between a man and a woman". It had in 2013 restored the criminality of the sexual relationship between persons of the same sex, after the Delhi High Court' had decriminalised it in 2009. In 2017, in a major verdict, the Supreme Court ruled that the right to privacy is a fundamental right and sexual orientation, the court said, is "an essential component of identity" and that the rights of queer people are "founded on Constitutional doctrine".

"Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - can not be said to be unconstitutional", said Misra, as he read out the judgement.

The court heard arguments about how history has changed its view on homosexuality from pathological prejudice to a "normal and benign variation of human sexuality".

This decision was then appealed in the Supreme Court via a review petition, and the last known status was that of a pending curative petition. However, the issue resurrected in July 2016, when a fresh petition was filed.

Recommended News


TOP News

Sacha Baron Cohen's sit-down with O.J. Simpson is painfully awkward
In a promotional video from Showtime released Sunday, Simpson appeared for a conversation with one of Cohen's characters. People doubted him, but in the first season of his new TV show, Sacha Baron Cohen brought the fire week after week.

Bookmaker pays out on Jose Mourinho being sacked as Manchester United manager
A furious Mourinho stormed out of his post-match press conference after taking exception to a journalist's line of questioning. Respect, respect", his voice could be heard echoing from the corridor.

Google Pixel Watch delayed as Google focuses on Wear OS
What good we see in this device is the absence of the weird notch at the top, which we will get to see in the Pixel 3 XL. They're expected to be launched sometime in October alongside new Google Home speakers and possibly a new Pixelbook.

Apple's next iPhones might unleash a huge upgrade cycle
Apple sent out invitations to press on Thursday for a special event on september 12 at the Steve Jobs Theater in Cupertino, CA. The new models will also reportedly increase in size, from a 10.5-inch version to an 11-inch and a 12.9-inch option.

'Everybody wants it': Pep Guardiola on how to win the Champions League
We have many and we have to take those decisions for the way the opponents play and what I see every day. We try to work hard again and the next game we will be ready to play again".

2 women caned for ‘attempting lesbian sex’ in Malaysia
A witness to the caning, Thilaga Sulathireh of the group Justice for Sisters , blasted the punishment as torture. Malaysia is seen as a moderate and stable Muslim-majority country, but Islamic conservatism is on the rise.

Canada's Freeland to travel to Washington Tuesday for NAFTA
While the trade news caused stocks to break 8,000 for the first time ever, economic optimism has been high for quite some time . This agreement would make it harder for theft of intellectual property - everything from digital music to biologic drugs.

New Yorker capitulates after liberal outrage over Steve Bannon interview
It's likely that Bannon will treat the New Yorker decision as a victory, said columnist Nesrine Malik of The Guardian . He said he would consider interviewing him instead in a "traditionally more journalistic" setting in the future.

Simon Mignolet hits out at 'bizarre' Loris Karius loan
Liverpool goalkeeper Simon Mignolet has questioned the club's decision to let Loris Karius leave Anfield ahead of him this summer. I don't know what my future with Liverpool looks like. "Nothing decided.

Air leaks from International Space Station, astronauts safe
Depressurisation is extremely unsafe for crews on board the ISS and this is not the first time a leak has happened on the ISS. Now flight controllers are monitoring the cabin pressure while coming up with a better and long-term solution for the leak.