India throws out ban on gay sex, but challenges remain

10 September, 2018, 10:34 | Author: Orlando Hughes
  • India's top court to rule on decriminalizing gay sex

In January this year, Supreme Court said a larger group of judges would re-consider the previous judgment (which reinforced criminalisation of homosexuality) and examine Section 377's constitutional validity. Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights!

Under the colonial-era law, homosexual activity was punishable by up to 10 years in jail.

Outside the courtroom, members of the LGBT community were over joyed with the verdict.

The Delhi High Court decriminalised gay sex in 2009, but the Supreme Court reinstated the ban in 2014 after an appeal by religious leaders.

He also described today's judgment of the Supreme Court as anti-Indian civilization and said that he shall mobilize the Members of the Parliament also in this regard.

Calling the British era law "irrational, indefensible and manifestly arbitrary", Chief Justice Dipak Misra said consensual sex between adults in a private space "cannot be denied as it is a matter of individual choice".

The Supreme Court had observed in July, "The question here is whether section 377 is ultra vires or not".

Justice Chandrachud was speaking on the topic, "Rule of Law in Constitutional Democracy", at the 19th Annual Bodh Raj Sawhny Memorial Oration 2018, organised by National Law University, Delhi.

Justice Chandrachud was one of the judges in that ruling as well. The court said the law went against the rights enshrined in India's constitution.

Trump slams Sessions over Republican lawmakers' indictment
Mr Trump then compared the Attorney General with "Lyin' James Comey ", claiming the Democrats must love Mr Sessions now. Trump did not name the Republican congressmen, but he was apparently referring to the indictments against Rep.

CJI Misra, while reading out the judgement, said: "Any consensual sexual relationship between two consenting adults ─ homosexuals, heterosexuals or lesbians ─ can not be said to be unconstitutional", India Today reported. Local media are carrying extensive reports about the Supreme Court ruling and presenting public opinions calling for a stop to discrimination and prejudice against sexual minorities.

Former Union Health Minister Harsh Vardhan had said in 2014, "Everybody has human rights, and it is the government's job to protect them".

CJI Dipak Misra, in early 2018 made a decision to pull-out petitions filed over two years by renowned dancer Navtej Singh Johar, journalist Sunil Mehra, celebrity chef Ritu Dalmia, historian Aman Nath and businesswoman Ayesha Kapur.

"History owes an apology to members of the community for the delay in ensuring their rights", said Indu Malhotra, who was another judge on the bench.

They had sought decriminalisation of consensual sex between two consenting adults of the same sex by declaring Section 377 illegal and unconstitutional.

Soon after a group of well known LGBT rights activists, N S Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur approached the SC which agreed to reconsider the issue.

Reading down Section 377 IPC, the Constitution Bench said its provision will however continue to govern sexual acts against minors besides acts of bestiality.

"The right to live with dignity has been recognised".

Recommended:



Popular

Papadopoulos sentenced to 14 days in Mueller probe
More accurately, Papadopoulos hemmed and hawed, and finally settled on, "I might have, but I have no recollection of doing so". Papadopoulos. "The message is for all of us to check our loyalty, to tell the truth, to help the good guys", Breen said.

US Open: Novak calls for action over sauna conditions
Djokovic said the tournament needs to address the problem of air-conditioning in an arena which can hold nearly 25,000 people. The No. 21 seed continued his strong season after returning from a wrist injury that forced him to miss the U.S.

France vs Germany: Les Bleus hold on in UEFA Nations League opener
Southgate listened and also put points... 'I was very pleased there was a lot of applause, I was able to respond and concentrate on the game from that moment'.

How a visit to Australia helped Jack Ma become an internet tycoon
As Beijing has increased its involvement in the private sector, Ma has shifted what he has said about China's government. Ma's retirement makes him one of the first founders of a generation of Chinese internet entrepreneurs to step down.

Turkish president to visit Iran for talks on Syria
As in other regions taken by Ankara-backed rebels, Turkey will later train a rebel force to ensure Idlib's security. Washington warned Tuesday that if Damascus were to use chemical weapons, it would respond.

Became known the price of three new iPhone models
The 6.1-inch iPhone is expected to be built out of aluminium, instead of stainless steel which will be used with the other two. The crown seems to be more deeply embedded into the body of the watch and its opening seems to be of a different shape.

Former Republican Sen. Kyl to replace McCain, bolstering conservatives
His funeral service Saturday at Washington National Cathedral was in many ways a stern rebuke of Trump, with presidents George W. Cindy McCain and daughter Meghan McCain were both rumored to be potential candidates to fill the vacant seat. "Now, Sen.

Congress grills Facebook, Twitter over foreign bids to tilt politics
This Nov. 19, 2015, file photo shows Twitter CEO Jack Dorsey being interviewed on the floor of the New York Stock Exchange. In testimony released before that hearing, Dorsey denied that Twitter uses political ideology to make decisions.

Jon Gruden’s Explanation For Khalil Mack Trade Makes Absolutely No Sense
I don't blame Gurley, or any running back, for not wanting to absorb a tackle from the University of Buffalo great. That means they'll be free to watch the "Sunday Night Football" game between the Green Bay Packers and the ...

Brett Kavanaugh confirmation hearings in the Senate
Kavanaugh sat silently and impassively for most of the day, occasionally sipping water and taking notes on senators' points. Chuck Grassley , an Iowa Republican who's the Judiciary Committee's chairman, pushed back on those calls, and outgoing Sen.