In 2013, the court had cancelled a Delhi high court order that had decriminalized homosexuality.
Here are the live updates:
Senior lawyer, Harish Salve told news agency ANI that,"Section 377 is dead after the nine-judge bench which has said all these are dimensions of Right to Privacy. It will formally be struck down. It will be done very soon".
Soon after the decision of Supreme Court of re-examining the Section 377, people on twitter started posting about it:
#Section377 must go. It is antediluvian, an anachronism in our modern times.
- Sanjay Jha (@JhaSanjay) January 8, 2018
The whole idea of "Sexual Orientation by Birth as Gay" is yet to be decided conclusively by Scientific community #Section377#LGBT . But NO Disrespect to Homosexuals
- Rahul Easwar (@RahulEaswar) January 8, 2018
Pls understand #Section377 can also be misused against Hetro sexuals wrt sex toys or oralor anal sex. That makes most of us criminals not just the LGBT s. Hence @mvadera & I were waiting for this & will move SC in an IA against #Section377 .
- Tehseen Poonawalla (@tehseenp) January 8, 2018
Cc @MPKTSTulsi@AshimaMandla
Section 377: All You Need To Know
Section 377 of the Indian Penal Code is an archaic law that was introduced during the British era in 1860s and makes gay sex a crime for which the punishment can be a life term.
- In 2009, the Delhi High Court had described Section 377 as a violation of the fundamental rights guaranteed by the constitution. Religious groups, however, had appealed against the decision in the Supreme Court.
- In 2013, the Supreme Court cancelled the Delhi high court order and re-criminalised homosexuality. It said that it was the job of the parliament to decide on scrapping laws.
- After the 2013 Supreme Court's decision, prominent BJP leader Rajnath Singh had said, "We support Section 377 because we believe that homosexuality is an unnatural act and cannot be supported." On the contrary, senior BJP leader Arun Jaitley had said, "When millions of people the world over are having alternative sexual preferences, it is too late in the day to propound the view that they should be jailed."
Supreme Court To Revisit 2013 Verdict Criminalising Gay Sex: 10 Points
A three-judge bench of Supreme Court headed by the Chief Justice of India, Dipak Misra, today said it would reconsider and examine the constitutional validity of the law referred to as Section 377.
A three-judge bench of Supreme Court headed by the Chief Justice of India, Dipak Misra, today said it would reconsider and examine the constitutional validity of the law referred to as Section 377.
- The top court acted on the petition by Aman Nath, the owner of Neemrana hotels, Navtej Johar, a classical dancer, celebrity chef Ritu Dalmia, former editor Sunil Mehra and restauranteur Ayesha Kapur.
- In 2013, the Supreme Court had cancelled a Delhi high court order that had decriminalized homosexuality by overturning the outdated law and said it was the job of parliament to decide on scrapping laws.
- That decision needs to be reconsidered because of constitutional issues, said the Supreme Court.
- Under the law, those convicted under Section 377 of the Indian Penal Code face up to 10 years in jail.
- The Supreme Court noted that "choice can't be allowed to cross the boundaries of law but the confines of law can't trample or curtail the inherent right embedded in an individual under Article 21, the right to life and liberty."
- Gay rights activists across the country exulted over the Supreme Court ruling that said "societal morality changes from age to age. Law copes with life and accordingly change takes place".
- The "section of people who exercise their choice should never remain in a state of fear", said the judges.
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