Supreme Court to review 2013 verdict that upheld Section 377

Posted January 09, 2018

As the right to privacy being considered a fundamental right, the Supreme Court today chose to review it's 2013 decision, which criminalizes gay sexual relations and said it will review Section 377 of Indian Penal Code that creates such relations a crime. It was also on the side of respecting the freedom of individuals to their sexual orientation.

The Supreme Court on Monday agreed to reconsider its 2013 decision that criminalises consensual sex between same sex adults and referred the matter to a larger bench, a victory for equal rights campaigners.

Salve was quoted by ANI as saying, " Section 377 is dead after the nine-judge bench which has said all these are dimensions of Right to Privacy.

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The ban on homosexual sex was overturned by the Delhi high court in 2009 but was reinstated by the supreme court four years later in a judgment that drew widespread condemnation, including from the United Nations.

"We had challenged it before it went into effect. before people were hurt and turned away and left without all the access to health care and government services that everyone else has", says Beth Littrell, a lawyer for Lambda Legal, a legal organization that advocates for LGBT people. The SC decision will definitely strengthen arguments for decriminalisation of homosexuality. A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said the issue arising out of section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

The law was thought to be vulnerable to legal challenge since a landmark September judgment that recognised article 21 guaranteed a right to privacy.

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SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI.

The Supreme Court said Monday that while choice can't be allowed to cross the boundaries of law, laws shouldn't trample or curtail the inherent right to freedom granted to individuals by the Indian Constitution. It also asked the Centre to include them in the OBC quota.

He said the law's only goal was guaranteeing "that Mississippians don't live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union". Underlining the need to bring them into the mainstream, the verdict by a bench of Justices KS Radhakrishnan and AK Sikri said transgenders should have all rights under the law, including marriage, adoption, divorce, succession, and inheritance.

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