Supreme Court on Section 377: “I Am What I Am” Trends

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SOURCE: Bar & Bench

Live updates follow:

 

  • : Justice Indu Malhotra: “History owes an apology to members of LGBTQ community, and their families for ostracization and persecution they faced because of society’s ignorance that homosexuality is a natural trait; its penal suppression infringes a host of fundamental rights.”
  • : Chief Justice: “I am what I am, so treat me as I am.”
  • : Bench assembles, pronouncement of judgment commences. 
  • : Four opinions, all concurring judgments, says CJI Dipak Misra. 

  • : Respect for individual choice essence of liberty; LGBT community possess equal rights under the Constitution, Supreme Court.
  •  CJI Dipak Misra reading judgment on behalf of himself and Justice Khanwilkar.
  • : View taken by SC in Suresh Kumar Koushal impermissible, Supreme Court.
  • : Primary objective of having a Constitutional society is to transform the society progressively; Constitutional provisions should not be interpreted in literal sense, Supreme Court.
  • : Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression, Supreme Court.
  • : The provision of IPC had resulted in collateral effect in that consensual sex between LGBT person is criminalised and is violative of Article 14, Supreme Court.
  •  of IPC insofar as it criminalises consensual sexual acts between man and man, man and woman or woman and woman is unconstitutional and struck down. Sex with animals will however remain criminal. Judgment in Suresh Kumar Koushal overruled.
  • : Justice Rohinton Nariman now reading out his concurring judgment.
  • : Justice Rohinton Nariman places extensive reliance on foreign jurisprudence including recent judgment from Trinidad and Tobago.
  • : Justice Rohinton Nariman says one feature of his judgment is reliance on Mental Healthcare Act as per which Parliament has recognised that homosexuality is not a mental disorder #Section377.
  • : Justice Rohinton Nariman concludes his concurring judgment, Justice Chandrachud reading his judgment now
  • : Gays, Lesbians, Bi-sexual and Transgenders have equal rights as other citizens, Justice DY Chandrachud.
  • : This case is much more than just decriminalising a provision It is about an aspiration to realise Constitutional rights and the equal existence of LGBT community as other citizens, DY Chandrachud.
  • : To deny LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy. They cannot be pushed into obscurity by an oppressive colonial legislation, DY Chandrachud.
  • : Treatment of homosexuality as a disorder/ disease has a severe impact on mental health of such persons, DY Chandrachud.
  • : Human sexuality cannot be confined to a binary, observes Justice Chandrachud.
With inputs from Aparna Deb and Sameer Manekar

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