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Section 377 Verdict Live Updates: Supreme Court strikes down Section 377 in unanimous verdict

By Newsd
Updated on :
Source: Indian Express

Homosexuality not a mental disorder: Supreme Court

Homosexuality is not a mental disorder. It is a completely natural condition, the Supreme Court observed today during the judgment of Section 377. The apex court said that the society cannot dictate sexual relationship between consenting adults as it a private affair. Justice Chandrachud said that the denial of right to sexual orientation is akin to denial of right to privacy.


Bengaluru: LGBT community celebrates decriminalisation of Section 377


Karan Johar celebrates Supreme Court judgment, says country gets its oxygen back


Supreme Court directs govt to ensure proper broadcast of judgment, says police should be sensitised 

The Supreme Court directed the Union of India should take all measures to properly broadcast the fact that homosexuality is not a criminal offence to create public awareness and eliminate the stigma members of the community have to face. Te court also asked that the police force should be given be periodic training to sensitise them about the issue.

 


Supreme Court strikes down Section 377 in unanimous verdict

Four opinions are being read out currently by the judges. CJI Dipak Misra says there is a consensus among the judgments, which means all the judges are in agreement on the criminalisation of Section 377.


Chief Justice Dipak Misra reads out first of four judgments; Justice Khanwilkar concurs

Chief Justice Dipak Misra has started reading out on behalf of himself and Justice Khanwilkar. Misra spoke about importance of individual identity with dignity, individual autonomy and equality for all without discrimination are cardinal corners of our constitution.


After a row of petitions, the Supreme Court is expected to deliver its fresh judgement on Thursday September 6, over Section 377 of the Indian Peal Code, which deals with the criminalisation of homosexuality.

The hearing will be headed by Chief Justice of India Dipak Misra, along with Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

The verdict on Section 377 comes on five petitions moved by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur, challenging the constitutionality of the colonial-era law section 377 of the Indian Penal Code. In their petitions, they asserted that members of the LGBT community lived in fear because of Section 377 and ignored harassment and problems arising out of the law.

Section 377 of the Indian Penal Code punishes “carnal intercourse against the order of nature with man, woman or animal” with life imprisonment, though formal prosecution is rare. But activists allege the law forces LGBT people to live in fear and face blackmail, intimidation and pervasive discrimination.

During the four-day hearing earlier this year, the Centre had said it would not contest the petitions, and left the decision to the “wisdom of the court”. In its affidavit, the Ministry of Home Affairs said: “I state and submit that so far as the constitutional validity (of) Section 377 to the extent it applies to ‘consensual acts of adults in private’ is concerned, the Union of India would leave the said question to the wisdom of this Hon’ble Court.”

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