19
Monday
November 2018
2:25 AM IST
News Headlines
Sri Lanka president Sirisena holds all-party meeting talks to end political crisis        Pankaj wins grand double, extends world title tally to 21        England win second Test against Sri Lanka by 57 runs        Smriti Mandhana becomes second-fastest Indian woman to reach 1000 T20I        It is quality of cricket rather than sledging that wins matches: Shastri on new Aussie approach        India in Australia: Kohli promises to not start arguments, only finish them        At Least Two Killed, Eight Injured In Blast In Karachi        Centre's New Move May Escalate Feud With RBI Ahead Of Board Meet: Report        'Gaja' crosses coast, rainfall pounds TN, 22 dead        Sabarimala board to move SC, buy time to implement order        Sabarimala board to move SC, buy time to implement order        Sindhu crashes out; Srikanth, Sameer enter quarterfinals of Hong Kong Open        No more chopping and changing till World Cup: Ravi Shastri        Air India eyes Rs 800 cr from sale of over 70 properties        Intel India opens design house costing Rs 1,100 cr at B'luru        US, China see rival visions for entwined Asia-Pacific region        Imran Khan to visit Malaysia next week; likely to seek monetary aid        EC removes Mizoram chief electoral officer after protests        Lankesh murder accused sent to SIT custody in Pansare case        Agri sector needs long-term solutions, loan waiver temporary: Naidu        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | Health   | About Deepika 
Main News
Discrimination against gays will go if criminality of section 377 is removed: SC
 
New Delhi, Jul 12 (PTI) The Supreme Court today said the social stigma and discrimination attached to the LGBTQ community would go if criminality of consensual gay sex is done away with, while maintaining that it would scrutinise the legal validity of section 377 of the IPC in all its aspects.

A five-judge bench headed by Chief Justice Dipak Misra, hearing a clutch of petitions challeging the constitutional validity of the 158-year-old penal law, also rejected a proposal of lawyers, seeking retention of section 377, that public opinion should be elicited on the matter, saying it did not want a referendum but would go by constitutional morality.

The bench took note of the vehement opposition of these lawyers and their allegation that the Centre has taken a "U-turn" in the case.

"On the mere concession of the Centre, we will not say that the section is ultra-vires. We will have to analyse every aspect. We will do a detailed analysis of Section 377 and its constitutional validity," the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.

"We will try to see whether section 377 of the IPC can stand the test of fundamental rights enshrined under Articles 14 (right to equality), 19 (freedom of speech and association) and 21 (right to life and liberty) of the Constitution," the bench said.

It also objected to the submission of lawyer Manoj George that the Centre has made a U-turn on its stand and said that several verdicts including the one on right to privacy have come in the meanwhile and it would not be appropriate to call it a "U-turn".

The court observed that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community which has also adversely impacted their mental health.

The bench asked lawyer Maneka Guruswamy, who was appearing for a petitioner, whether there was any law, rule, regulation, bye-law or guideline which barred or restrained homosexuals from availing any right which are available to others.

"There are no such provisions," she said.

The bench then said the LGBTQ (lesbian, gay, bisexual, transgender and queer) community faced the stigma because of the criminality attached to consensual same-sex relationship.

"Once the criminality (under section 377) goes, then everything will go (social stigma, discrimination etc)," it said.

"Over the years, we have created an environment in the Indian society which has led to deep-rooted discrimination against people of same sex involved in a consensual relationship and this has impacted their mental health also," the bench said on the third day of crucial hearing to decide the constitutional validity of Section 377 of the IPC.

Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

Referring to the provision of the Mental Health Care Act, the bench said "it also recognises the fact that such persons cannot be discriminated against on the ground of sexual orientation".

The observations came when senior advocate C U Singh, appearing for one of the intervenors, said mere striking down of section 377 will not serve the purpose as the LGBTQ community were being discriminated against on various counts.

"This community feels inhibited as they do not even get proper medical care because of the prejudice," Justice Malhotra said, adding even medical professionals do not maintain confidentiality.

The advancing of arguments remained inconclusive and would resume July 17.

Yesterday, the government had left it to the apex court to test the constitutional validity of section 377, urging that issues like gay marriages, adoption and ancillary civil rights of LGBTQ should not be dealt by it.

Taking note of the Centre's submission that other issues like gay marriages, adoption and ancillary civil rights of LGBTQ community should not be dealt, the court said it was not considering all these issues.

The bench had said it would test the validity of the law in relation to the consensual sexual acts of two adults and if it decides to strike down the penal provision then it would remove "ancillary disqualification" of LGBTQ community members which can join services, contest elections and form associations.

Lawyer Guruswamy had yesterday referred to reports of Indian and American psychiatric bodies and said homosexuality was a normal sexual orientation.

Terming the law as a "terrible colonial legacy", she had said it violated Articles 15 (discrimination on sex), 14 (equality), 19 (liberty) and 21 of the Constitution and has a "chilling effect" on the sexual minority.


Sabarimala board to move SC, buy time to implement order
Sabarimala board to move SC, buy time to implement order
Top India, China officials hold defence, security dialogue, agree to step up military exchanges
Flipkart Group CEO Binny Bansal quits over 'serious personal misconduct' charges
70 per cent turnout in first phase of Chhattisgarh polls: EC
PM celebrates Diwali with soldiers in Harshil near India-China border
India jumps 23 notches to 77th rank on World Bank's 'ease of doing biz' ranking
SC asks CVC to finish probe against Verma in two weeks; ex-judge to supervise
CBI chief's removal illegal: Rahul
Verma was collecting documents related to Rafale scam, forcibly sent on leave: Rahul
Ready to hold talks with anyone, but terror and dialogue cannot go together: Rajnath Singh
SC writ fails in Sabarimala, not a single young woman allowed by protesters
Fund raising: Only CM gets permission for foreign trip
Give satisfactory explanation or quit: Cong to Akbar
High-stakes polls in 5 states in Nov-Dec; Chhattisgarh to vote in 2 phases
Denis Mukwege, Nadia Murad wins the Nobel Peace Prize
Petrol, diesel prices cut by Rs 2.50 after excise reduction; oil cos absorbing Re 1
No alliance with Cong in Rajasthan, MP: Mayawati
Rafale will be game-changer for subcontinent: Air chief
Protesting farmers end march in Delhi
KERALA NEWS
Sabarimala protests: Arrests up to 2061, Kerala HC warns police
 Thiruvananthapuram, OCT 27: As the number of people arrested for allegedly being involved in violent  
Vijayan urges UAE Keralites to back salary challenge
Sabarimala row: Protests against SC verdict continue
Balabhaskar's wife Lakshmi shifted to ICU
INTERNATIONAL NEWS
Sri Lanka president Sirisena holds all-party meeting talks to end political crisis
 (Colombo, Nov 18, 2018):Sri Lanka’s President Maithripala Sirisena on Sunday held an all-part
At Least Two Killed, Eight Injured In Blast In Karachi
US, China see rival visions for entwined Asia-Pacific region
Imran Khan to visit Malaysia next week; likely to seek monetary aid
NATIONAL NEWS
'Gaja' crosses coast, rainfall pounds TN, 22 dead
 (Chennai, Nov17, 2018): Cyclone Gaja ripped through Nagapattinam early Friday uprooting trees
EC removes Mizoram chief electoral officer after protests
Lankesh murder accused sent to SIT custody in Pansare case
Agri sector needs long-term solutions, loan waiver temporary: Naidu
Untitled Page
Rashtra Deepika LTD
Copyright @ 2018 , Rashtra Deepika Ltd.