Section 377 Verdict Full Text: Constitution cannot be guided by majoritarian view or societal morality, says SC
A five-judge constitution bench of the Supreme Court led by Chief Justice Dipak Misra on Thursday unanimously strike down portion of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual anal sex, saying it violated the rights to equality. Here's the full text of the four landmark judgments
A five-judge constitution bench of the Supreme Court led by Chief Justice Dipak Misra on Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual anal sex, saying it violated the rights to equality.
The constitution bench, which also included Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra gave four separate concurring judgments, each terming the part of Section 377 of the Indian Penal Code which criminalises consensual unnatural sex as irrational, indefensible and manifestly arbitrary. CJI Misra read a 166-page judgment on behalf of Justice Khanwilkar, while the other three Justices Chandrachud, Malhotra and Nariman, read their judgments separately.
Following are the full text of the four landmark judgments that decriminalised homosexuality.
CJI Dipak Misra and Justice AM Khanwilkar spoke of how societal morality can't dictate the Constitution while terming sexual orientation part of the Fundamental Right to Self Expression
Justice RF Nariman, commented that homosexuality is not a mental disorder and asked the Union government to create awareness for the same
Justice DY Chandrachud touched on homosexuality saying that "society cannot dictate sexuality of an individual"
Justice Indu Malhotra said that Section 377 violates Right to Life and Liberty guaranteed under Article 14
The new law suggests that any action or the spreading of any information that is considered an attempt to promote homosexuality in public, online, or in films, books, or advertising, could incur a heavy fine
The collegium system is a way to appoint judges of the Supreme Court and High Courts. Recently, the Supreme Court also pressed the Centre to clear recommendations made by the collegium. The central government has sent back 19 names recommended by the group for appointment as HC judges
The top court was hearing a batch of 58 petitions challenging the demonetisation announced by the Centre on November 8, 2016. The apex court had on Tuesday said that limited scope of a judicial review in economic policy matters does not mean that the court will fold its hands and sit back