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lakeelmoleader.com January 19, 2018


Supreme Court to review Section 377: All your questions answered

09 January 2018, 02:07 | Kara Nash

Supreme Court to review Section 377: All your questions answered

Supreme Court

The Supreme Court on Monday paved way for a fresh round of debate on its stand on homosexuality as it agreed to revisit its 2013 ruling that had set aside a law framed in 1860 which decriminalized consensual sex among adult homosexual men. Lawyer Anand Grover, who appeared for five members of the LGBT community who had petitioned the court seeking a review of the ban, said: "It is a big relief and a primary step taken by the Supreme Court to review its earlier order". "The time has come that either the courts must read down Section 377 or the government should repeal it from the IPC".

The matter will now be referred to a larger bench to reexamine the Constitutional validity of Section 377.

The U.S. Supreme Court left intact a MS law that lets businesses and government workers refuse on religious grounds to provide services to gay and transgender people.

Section 377 has undergone many twists and turns ever since the Delhi High Court decriminalised it in 2009.

The Supreme Court on Monday chose to review the contentious Section 377 of the Indian Penal Code, five years after its two-judge bench set aside a Delhi High Court judgement decriminalising homosexuality.

Chance of freezing rain Sunday night before warmer temps arrive
Temperatures aren't expected to drop following the rain on Sunday and Monday . Freezing rain or sleet may linger into the morning commute on Monday .

The Nationalist Congress Party, however, urged the court to consider the "sentimental and religious" impact of any landmark decision.

The court said, "The determination of the order of nature is not a constant phenomenon". But lower courts, without ruling on the merits of the law, said those suing could not show that they would be harmed by it.

Reopening the debate on Indian Penal Code's Article 377, the three-judge bench of the apex court, headed by CJI Dipak Misra said, "it would reconsider and examine the Constitutional validity of section 377".

Alliance Defending Freedom, a nonprofit organization that is part of the legal team representing Gov. Phil Bryant in the cases, argued that the MS law had been misinterpreted. A promising sign, the Court also asked the government to respond to a petition from five LGBTQ people who said they live in fear of police due to their identities. It also asked to include them in the OBC quota.

The activist Gautam Bhan said SC's reading of the right to privacy as an aspect of respect and equality, especially in the case of LGBTQ rights, was welcome. 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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