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

Urvi Shah founded the Arranged Gay Marriage Bureau in 2015. 

"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.

Sandra Oh Makes History with Emmy Nomination! | 2018 Emmy Awards, Sandra Oh
I am thrilled for [creator] Phoebe Waller-Bridge's nomination and for the entire cast/crew of Killing Eve . "P.S. It's too important to not care about it or to not try and be out of the box in some sort of way".

Oil price bounces back over International Energy Agency fears of supply problems
FILE PHOTO: Oil storage tanks are seen from above at the Cushing oil hub, in Cushing, Oklahoma, March 24, 2016. Iran exports roughly 2.5 million bpd, most of which goes to Asia.

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.

'We are not heroes', says United Kingdom diver involved in Thai cave rescue
Although parents of the first eight boys rescued were able to see their sons, they had to stand six feet away from the children. Jessada also said a psychiatrist was attending to the boys, who are sleeping well and are not showing symptoms of stress.

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.

Windows 10 April 2018 Update Gets Cumulative Update
Addresses an issue that causes the mouse to stop working after a user switches between local and remote sessions. These new feature will be rolled out to all Windows 10 users as part of the Redstone 5 update later this year.

Sony Xperia XA2 Plus brings high-res audio to the mid-range
Based on Android Oreo, it runs the Qualcomm Snapdragon 630 processor, which is backed by 4GB/6GB RAM. Though the post did not reveal the price, Xperia XA2 Plus is expected to be a mid-range smartphone .

Surface Go shipping August 2 with top-spec device priced at $549
In terms of connectivity, the device supports WiFi connectivity (802.11 a/b/g/n/a) and an LTE-compatible version is in the works. There's also a Surface Pen for $99 that artists and students can purchase for doodling and note-taking purposes.

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.

Trump Dings ‘Ex-FBI LAYER' Lisa Page for Skipping House Subpoena
As the committees have investigated bias at the Justice Department, they have focused much of their ire on Strzok. Page and fellow Federal Bureau of Investigation employee Peter Strzok were involved in an extramarital affair.

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? ".

Dancing FBI agent, accused in backflip gunfire incident, can carry weapon again
Denver District Attorney's Office spokesman Ken Lane said toxicology tests on Bishop "do not support further charges". The video then shows the agent putting the gun back into a waistband holster and walking away with his hands up.

Xbox One 1810 firmware brings Dolby Vision support for streaming
Xbox One S and Xbox One X are getting Dolby Vision support in the new 1810 update, now available for Preview members. For now, it appears that Xbox One S & X Dolby Vision support will be limited to Netflix streaming.