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Showing posts with the label SUPREME COURT

SC judgement on Section 377 today; A look at the history of the archaic law

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Amish Tripathi, a noted Indian mythologist, argues Section 377 does not reflect the traditional Indian attitude towards sex Section 377  of the Indian Penal Code is a relic of British India, having been introduced way back in 1861. It was modelled on a 16th-century British law called the Buggery Act, which was the first such civil law that criminalised certain kinds of sexual intercourse. The Supreme Court is expected to pass its judgement on the legality of the section on Thursday. It has heard arguments representing all sides of the issue over the last few months. Even though homosexuality was partially legalised in England more than fifty years ago, it stayed on as an illegal act in India. The Guardian reported last year that 72 countries and territories worldwide continue to criminalise same-sex relationships, including 45 in which sexual relationships between women are outlawed. Amish Tripathi, a noted Indian mythologist, argues Section 377 does not refle...

Section 377's days numbered? SC to re-examine verdict criminalising gay sex

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A Bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud decided to re-consider the top court's December 12, 2013, order The Supreme Court on Monday said it will re-examine its 2013 verdict upholding the Indian Penal Code's Section 377 criminalising gay sex as it observed that "a section of people or individuals who exercise their choice should never remain in a state of fear". A Bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud decided to re-consider the top court's December 12, 2013, order saying that "individual autonomy and also individual orientation cannot be atrophied unless the restriction is regarded as reasonable to yield to the morality of the Constitution". "The morality that public perceives, the Constitution may not conceive of," the court said making it clear that the "consent between two adults has to be the primary pre-condition. Otherwi...