A fivejudge constitution bench headed by chief justice dipak misra concluded hearing the arguments on the contentious issue after detailed hearing of four days, which had commenced on 10 july. Section 377 ipc verdict in hindi live, ipc section 377 india supreme court sc judgement verdict in hindi. Supreme court and in a development that came as a serious setback to the lgbti community, in 20 the supreme court overturned the delhi high court judgment in souresh koushal v. The supreme court on tuesday reserved its verdict on a clutch of pleas challenging the constitutional validity of section 377 of indian penal court which criminalises consensual gay sex. The supreme court on thursday restored a landmark delhi high court judgement which had decriminalised homosexuality in a move that was immediately hailed by the minority lgbt community.
According to shri venu gopal, section 377 ipc provides a punishment for unnatural sexual offences, carnal intercourse against the order of nature and does not make any. First, it held that all laws enacted by parliament are presumed to be valid under the constitution. A fivejudge constitution bench of the supreme court on thursday. A fivejudge bench led by cji dipak misra diluted section 377 of the indian penal code, to exclude all kinds of adult consensual sexual behaviour. Section 377 does not merely criminalise an act, it criminalises. On 6 september 2018, the supreme court of india ruled that the application of section 377 to consensual homosexual sex between adults was unconstitutional, irrational. Read our judgement matrix here, so you can quickly familiarize yourself with each of the four concurring judgements. Heres a timeline of the battle against section 377 in india, which began over 20 years ago. The court while delivering the judgment laid down the following aspects, the highlights of the judgment of the casesection 377 of ipc is arbitrary and irrational and hence it is liable to be struck down partially to the extent to which it criminalises consensual sex between two adults.
The judgment delves deep into the meaning of the sexually. A fivejudge constitution bench headed by chief justice dipak misra had reserved its verdict on july 17 after hearing various stakeholders for four days, including gay rights activists. Sep 05, 2018 supreme court should not have recriminalised section 377 after delhi high court struck it down because of the tremendous adverse impact it has on lgbt community. The court held that the act of carnal intercourse was clearly. Sep 06, 2018 the supreme court on thursday restored a landmark delhi high court judgement which had decriminalised homosexuality in a move that was immediately hailed by the minority lgbt community. It scrapped section 377 of the indian constitution, a colonialera law banning gay sex, ending the social pariah status of the lesbian, gay.
This was a big step taken by our apex court in enhancing the rights to its citizens and showing that sc always stands for the rights of the people of the country. Cause list announced by supreme court lists the judgement on the case to be announced at 10. The supreme court will pronounce its muchawaited verdict on a clutch of petitions challenging the constitutional validity of section 377 of the ipc that criminalises homosexuality, a taboo in the. Decision of honorable supreme court on section 377 of ipc is not fair as it violates human rights. The court said that section 377 did not suffer from any constitutional infirmity. Pdf scribd txt or scroll down for embedded pdf or click here for a summary of the 7 creative legal reasons the supreme. A judgement made by the supreme court of india that overturned the 2009 judgement of the delhi high court of section 377 being unconstitutional. The supreme court had reaffirmed that the scope of the present litigation was only limited to the constitutional validity of section 377 with regard to recognizing homosexuality as a crime and. The intention of study is to find out that supreme court on homosexuality is fair or not. Section 377 of the indian penal code has been read down by the supreme court of india in a landmark judgment. It reads as unnatural offences whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Modelled on the buggery act of 1533, it makes sexual activities against the order of nature illegal.
Section 377 and the dignity of indian homosexuals outright. The supreme court reasoned its judgment on several grounds. The issue of constitutional legality of section 377 was first raised by the naz foundation in 2001 in the delhi high court, which held the penal provision to be illegal in 2009. In 2009, delhi high court had declared section 377 unconstitutional, but that decision was overturned in a ruling by three sc justices in 20 on the grounds that amending or repealing the law. While for some it was the symbolic harm of their desire being designated as unnatural, for others it had a material significance. Honourable supreme court in suresh kumar kaushal v. In 20, the supreme court upheld the constitutional validity of section 377 and set aside the 2009 verdict of the. Larticle 377 du code penal indien criminalise les actes sexuels contre lordre naturel, visant. Several organizations and individuals challenged the delhi high court judgment in.
Pdf scribd txt or scroll down for embedded pdf or click here for a summary of the 7 creative legal reasons the. Supreme court observer plain english short summary section. The challenge to the constitutional validity of section 377 must squarely be addressed in this. Section 377 refers to unnatural offences and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
While for some it was the symbolic harm of their desire being designated as unnatural, for others it had a material. There is a lot of argument about the law such as how important. The supreme court sc recently decriminalised homosexuality by striking off parts of. Section 377 ipc verdict in hindi, ipc section 377 india. A fivejudge constitution bench of the supreme court on thursday decriminalised homosexuality by partially striking down the colonial era provisions of section 377. After historic section 377 verdict, govt set to oppose. Section 377 of the indian penal code ipc which were held violative of. Sep 07, 2018 the supreme court of india rewrote history on sept. Is the actual harm caused by s 377 confined to police and judicial records.
Analyses of section 377 of the indian penal code ipleaders. Full text of supreme courts verdict on section 377 on september 6. Naz foundation 3 case on homosexuality in section 377 of indian penal code has gathered lots of controversies in india. Supreme court reserves judgment on pleas challenging constitutional validity of section 377 india press trust of india jul 17, 2018 17. Justice chandrachuds 181page order is the longest of the four judgments. The supreme court on thursday scrapped a ban on homosexuality with its judgment on section 377. Full text of supreme courts verdict on section 377 on.
Sep 06, 2018 a five judge constitution bench of the supreme court on thursday pronounced judgment on a batch of petitions challenging the constitutional validity of section 377 ipc. The supreme court on monday rejected the governments request to adjourn the hearing on section 377 of the indian penal code that criminalises homosexuality and. Supreme courts verdict on section 377 of ipc international. The rule of law requires a just law which facilitates equality, liberty and dignity in all its facets. Supreme court should not have recriminalised section 377 after delhi high court struck it down because of the tremendous adverse impact it has on lgbt community. Supreme court reserves judgment on pleas challenging. A day after the supreme court read down section 377 of the indian penal code, indias lesbian, gay, bisexual, transgender and queer lgbtq people say the next step in the legal fight will be.
The four judgments unanimously cited fundamental rights violations in reading down section 377. The supreme court has criminalised homosexual intercourse between consenting adults today, reversing the delhi high court s 2009 decision to overturn section 377 of the ipc, reported tv channels. Jun 16, 2017 lets untangle the spaghetti of section 377 wordbyword. A summary of the supreme court verdict on section 377. The judgment recriminalises gay and lesbian issues espoused by british commonwealth law. A five judge constitution bench of the supreme court on thursday pronounced judgment on a batch of petitions challenging the constitutional validity of section 377 ipc. Sep 06, 2018 section 377 of the indian penal code has been read down by the supreme court of india in a landmark judgment. Lets untangle the spaghetti of section 377 wordbyword. The supreme court of india rewrote history on sept.
A five judge constitution bench of the supreme court on thursday. Section 377 provides for rule by the law instead of the rule of law. The court held that classifying and targeting homosexuals violates the equal protection guarantee under article 14 of the constitution. Decision of honourable supreme court on section 377 of indian. In a landmark judgment thursday, the supreme court overturned its previous order on section 377 and decriminalised gay sex. A landmark ruling of the honble supreme court of india overturning its own verdict on suresh kumar koushal vs.
The study marks though the homosexuals has been discriminated by the society and the virus hivaids has been increased after decriminalizing section 377 in naz foundation v. In a landmark judgement, the delhi high court described section 377 as a violation of the fundamental rights guaranteed by the constitution of india. Appeals in the supreme court this led to various appeals being made to the supreme court, challenging the high courts authority to change a law. The supreme court has criminalised homosexual intercourse between consenting adults today, reversing the delhi high courts 2009 decision to overturn section 377 of the ipc, reported tv channels. Dec 11, 20 the supreme court has criminalised homosexual intercourse between consenting adults today, reversing the delhi high courts 2009 decision to overturn section 377 of the ipc, reported tv channels. The lgbtq community suffers a significant blow when the supreme court overturns the delhi high courts judgment, saying section 377 does not suffer from the vice of. Read our prejudgement matrix here, so you can understand what options the court had before itself prior to making its judgement. Section 377 of ipc 1 introduction the supreme court has restored a landmark delhi high court judgement which had decriminalised homosexuality. Decision of honourable supreme court on section 377 of. The court unanimously declared section 377 criminalizing homosexual acts as unconstitutional and repealed some of portions of the same, hence declaring all private consensual sexual acts between adults legal. Rule by the law provides legitimacy to arbitrary state behaviour.
Section 377 of the indian penal code deals with unnatural offences. Union of india, the fivejudge bench of supreme court, declared section 377 as unconstitutional insofar as it criminalises consensual sexual acts of adults in private. Supreme court observer plain english short summary. If you have a case comment or a summary to share, please do so by clicking on the submit a new post option on the top right. Several organizations and individuals challenged the delhi high court judgment in the supreme court.
Section 377 of the indian penal code is a section of the indian penal code introduced in 1861 during the british rule of india. When the 20 supreme court judgement overturned the 2009 delhi high court judgement that had read down section 377, that was a blow. Furthermore, this judgement was to be in force until the parliament decided to amend section 377. The supreme courts recent judgment reading down section 377 of the indian penal code is a landmark on many counts. But while we celebrate the judgment, it is important to remember that section 377 meant different things to different groups of queer people. Timeline of events from 1861 to 2018, when and who filed the first petition and all you need to know by sonali pimputkar the supreme court on. The judgment of the supreme court in navtej johar v. Supreme court the supreme court reversed the judgment of the delhi high court and held that section 377 does not violate the constitution and is therefore valid. In a landmark decision, the supreme court has finally struck down a. The fourmember bench gave four separate but concurring judgments. Latest judgement by supreme court on ipc section 377. A fivejudge constitution bench of the supreme court on thursday decriminalised homosexuality by partially striking down the colonial era provisions of section 377 of the indian penal code ipc.
The supreme court sc in a landmark judgement on thursday scrapped a colonialera ban on gay sex, that sparked celebrations across india and. Read our pre judgement matrix here, so you can understand what options the court had before itself prior to making its judgement. The supreme court today said that a larger group of judges would reconsider and examine the constitutional validity of section 377 of the indian penal code ipc, a law that criminalises sexual. Naz foundation 20 case, set aside the delhi high court judgment and said that homosexuality or unnatural sex between two consenting adults under section 377 of ipc is illegal and will continue to be an offense. A timeline of indias battle for gay rights quartz india. Union of india involving section 377 of indian penal code. Law student voices on this important issue need to go out. Supreme court observer constitutionality of section 377 ipc.
Sep 06, 2018 the supreme court on monday rejected the governments request to adjourn the hearing on section 377 of the indian penal code that criminalises homosexuality and makes gay sex as an offence. On 6 september 2018, the supreme court of india ruled that the application of section 377 to consensual homosexual. The aforesaid judgment, as is manifest, lays focus on inalienable. Cu singh for alok sarin section 21a of the mental healthcare act, 2017 expressly prohibits discrimination on the ground of sexual orientation. Cji dipak misra, justices rohinton f nariman, a m khanwilkar, d y chandrachud and indu malhotra gave four separate but concurring judgments. Section 377 thus violated human dignity which forms the core of the indian constitution. Below is the full text of the judgment of the supreme court regarding section 377. Sep 07, 2018 section 377 also included consensual sexual acts of adults such as oral and anal sex in private which were treated as unnatural and punishable.
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