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Supreme Court To Re-think The Constitutional Validity Of Section 377

Supreme Court To Re-think The Constitutional Validity Of Section 377

It’s surprising to see that it’s 2018 and we are STILL fighting for equal rights. It’s been more than 150 years since this archaic law has been in existence. Read FSOG’s breakdown of section 377 to know everything about it.

However, there seems to be glimmer of hope for the LGBTQIA community of India as the Supreme Court re-examines the constitutional validity of Section 377 -that criminalises gay sex between consenting adults. The SC order comes on a fresh write petition filed by well-known personalities from the LGBTQIA community.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the issue arising out of Section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

The Supreme Court bench also observed that the earlier judgement on Section 377 has hurt sentiments of various people.

The bench further said,

“Societal morality changes with time, law walks with life. A section of people can’t live in fear of their individual choice.”

The apex court has also issued notice to the Centre seeking response on a writ petition filed by five members of the LGBT community, who say they live in fear of police because of their natural sexual preferences.

Hopefully they take a positive step towards inclusion and equality.

 

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