Popular Countries

INDIA CELEBRATES AS SECTION-377 IS STRUCK OFF

By Gurpreet Kaur . 6th September 2018 09:30pm
INDIA CELEBRATES AS SECTION-377 IS STRUCK OFF

A lot has been discussed in the past regarding the Section-377 of the Indian constitution. But today on 6th September 2018 a bench of 5 judges of the Supreme Court unanimously invalidated a part of 158 year old colonial law under the Section 377 of the Indian Penal Code, which considered homosexuality a criminal. [caption id="attachment_47125" align="alignnone" width="1080"] Source[/caption] This bench of judges was headed by Chief Justice Diapk Misra declared the part of Section 377 which considers homosexuality as unnatural sex as irrational indefensible and manifestly arbitrary. The other judges of the bench comprised of Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, strucked off this law which voilated the right to equality. [caption id="attachment_47126" align="alignnone" width="1080"] Source[/caption] The SC set aside the verdict in the Suresh Kaushal case. LGBT community have the right to the same human and fundamental rights as other citizens, said the court. But other parts of this section which deal with unnatural sex with animals and children will remain in force. Section 377 reffered to 'unnatural offences' and claimed that anyone who has carnal intercourse against the order of nature with any man, woman or animal shall be punished with lifetime imprisonment or imprisonment for a term which may be extended upto a period of 10 years and the culprit shall also be liable to fine. [caption id="attachment_47127" align="alignnone" width="1080"] Source[/caption] This most historic judgement came on writ petitions filed by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business excutive Ayesha Kapur. It also came from 20 former and current students of the IITs. By declaring Section 377 illegal and unconstitutional, they had also pleaded to decriminalise consensual sex between two adults of the same sex. [caption id="attachment_47128" align="alignnone" width="571"] Source[/caption] This issue was first raised by an NGO, Naaz Foundation, which had approached Delhi High Court in 2001. in 2009, Delhi High Court had decriminalised sex between adults of the same gender by considering the penal provision illegal. But this judegement was overturned in 2013 by the SC which had also cancelled to review the plea against which petitions were filed. The writ petition was opposed by Apostolic Alliance of Churches and Utkal Christian Association and some other NGOs and individuals, including Suresh Kumar Kaushal.