Once criminality of Section 377 goes, so will stigma against LGBTQ

Rape laws Why the Supreme Court must read down Section 377 – but not strike it down in its entirety

"The members of the community feel inhibited to go for medical aid due to prejudices against them".

One of the observations made by the top court said, "Section 377 is the infrastructure for denying rights".

Observing that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community, a five-judge constitution bench, hearing petitions seeking decriminalisation of 158-year-old colonial law under Section 377 of the IPC, said discrimination against such people has also adversely impacted their mental health.

A government lawyer said that it would leave it to "the wisdom" of the court to decide the constitutional validity of Section 377.

"We are not considering all these issues".

The Supreme Court on Thursday observed that homosexuality was not an aberration but a variation and that once Section 377 is decriminalised, the stigma attached to the community will also go.

Justice Indu Malhotra observed that members of the LGBTQ community are discriminated against and, therefore, neither do they seek healthcare nor do they get proper access to it.

"There are no such provisions", she said.

Globally 72 countries criminalise same-sex relationships, according to a 2017 report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association.

"A declaration that this relationship is constitutional will remove the "ancillary disqualification" for people joining services and contesting elections". "It has a chilling effect on freedom of expression", he argued.

Section 377 of the penal code, a relic from 1860s British legislation, bans gay acts as "carnal intercourse against the order of nature" and allows for jail terms of up to life. He claimed that the Centre did not support a private bill to scrap the section but is taking a different stand in court.

"They (LGBTs) will be free to work, declare (their status)...but what other civil rights will follow will be part of a future lis (legal cause of action)", Misra said, adding issues such as adoption, maintenance, right to cohabit, and maintenance can be argued later.

He then referred to the affidavit of the Centre and said many laws dealing with marriages, inheritance, adoption would be affected if the court widened the scope of the hearing.

The Centre will have to file its response after wider consultations in case the scope of the hearing widens, the ASG said.

"We don't want a situation where two homosexuals enjoying a walk on Marine Drive (a Mumbai boulevard) should be disturbed by the police and charged under Section 377", Justice J. Chandrachud, who is a part of the bench hearing the matter, was quoted as saying by the channel. "We intend to rule, subject to arguments, that two consenting adults even if engaged in unnatural sex will not be liable for prosecution for any offence".

Related News:



Most liked

Mission: Impossible Fallout Movie Review - A Top-Notch Entry in an All-Timer Franchise
Mission Impossible Fallout is releasing on July 27 but there were a few lucky ones, who managed to watch it many days before. Now what we gathered from the trailer is, Tom Cruise or Ethan Hunt is not so kicked to have Henry Cavill on his side.

Ex-England batsman recovering after heart surgery — Geoffrey Boycott
Responding to a post from a well-wisher, Boycott said he was "resting", with his daughter typing the replies on his behalf. The surgeon says the operation was a success and has now allowed him to recover from the invasive surgery.

Sacha Baron Cohen Continues to Troll Sarah Palin
Palin says she sat through what she called a long interview full of "Hollywoodism's disrespect and sarcasm" before she walked out. Walsh, who has strong pro-Israel views, said he was invited to a dinner for defenders of Israel and asked to film an interview.

AirPlay has finally made its way to Sonos speakers
Apple's smart speaker supports AirPlay 2, too, and you can ask Siri on the speaker to play music across your Sonos setup. Over the coming months, Airplay 2 will be enabled on speakers from Bang & Olufsen, Libratone, Denon, and others.

Oppo Find X all set to launch in India today
Interestingly, there is no fingerprint scanner and the phone relies on the front camera as a biometric tool to unlock the phone. The display screen sports 93.8 per cent screen-to-body ratio which is protected by Corning Gorilla Glass 5 protection.

Monster Hunter Gets Animated Special Airing in 2019
After growing rather large holding the crystal, the monster holds it while attacking the Hunter. Monster Hunter: Legends of the Guild is due out in 2019.

Epic announced $8m Fortnite summer series
PDT) so that they can properly implement the new content into the game. We'll do our best to provide insight on those as soon as possible.

Mercedes-AMG working on Cayman rivaling sports vehicle
A mid-engine layout is now in the discussion, but AMG also hasn't ruled out a more conventional front-engine layout. Further solidifying the new Mercedes-AMG car's status as a challenger to the 718 Cayman is its proposed design.

Bentley to celebrate centenary with Mulsanne homage to brand founder
Edition will make its debut at the Pebble Beach Concours d'Elegance in late August and customer deliveries will begin in 2019. The vehicle also comes with Onyx paintwork, although customers can select other colours from Bentley's colour pallet.

Roborace completes its first autonomous hillclimb run during Goodwood test session
The two needed to take all of the 1965 Mustang's components and ensure they could handle precise control from onboard computers. His job is to watch the vehicle do its thing, and be ready to quickly take the controls in case the system gets choked up.

Aston Martin Resurrects Cygnet Concept With A V8 Engine
This means that in certain circumstances, the Cygnet's owner could even enter it in FIA-approved motorsport, if they so desired. Aston Martin Cygnet is probably the company's most forgotten vehicle of all time.

Apple updates MacBook Pro with faster performance and new features for pros
According to Apple , the 15-inch model is up to 70% faster and the 13-inch model two times faster than earlier models. There's also a revamped "third generation" keyboard that promises to be quieter and (hopefully) not a fragile.

De Blasio fires back after border officials say he crossed illegally
Spokesman Eric Phillips rejected the claim that Mr de Blasio violated Mexican and United States immigration laws. The group allegedly included de Blasio and members of the New York Police Department.

Emmanuel Macron rubbishes Donald Trump's increased North Atlantic Treaty Organisation spending claim
At NATO, Trump did not specify which countries had committed to what, and it remained unclear whether any had changed their plans. Trump tweets: "Why are their (sic) only 5 out of 29 countries that have met their commitment? ".

‘I think they like me a lot in the UK’
The issue is 'Do they have freedom to protest, freedom to assemble and should they be allowed to do so? Meanwhile, Theresa May's government is nervously anticipating disruption from the guest himself.