Thread by @barandbench

#Section377: Day 2 hearing commences.

ASG Tushar Mehta says wont contest provision as regards consensual sex between adults and leaving it to the Bench, but seeks clarification on bestiality.

#Section377: ASG Tushar Mehta says won't contest provision as regards consensual sex between adults and leaving it to the Bench, but seeks clarification on bestiality. #LGBT

#Section377: ASG Tushar Mehta also says it will have to file detailed reply if court goes into other aspects like civil rights and liabilities.

"Please do not say anything which can be construed as affecting civil rights, inheritance, marriage rights etc", ASG Mehta requests SC.

#Section377: Menaka Guruswamy commences arguments. #LGBT

#Section377: "It violates Articles 15, 19, 21 of the Constitution.

Section 377 is arbitrary and unconstitutional

I will answer the question of Justice Nariman on proportionality", Menaka Guruswamy.

#Section377: "It discriminates on the basis of gender of the partners", Menaka Guruswamy.

Read the Centre's affidavit in the #Section377 matter - bit.ly/2unKgft

#Section377: Menaka Guruswamy is appearing for IIT students and alumni.

Guruswamy says their prayer is limited to consensual sex between adults and not about incest etc.

#Section377: Menaka Guruswamy now dealing with the question of proportionality which was raised by Justice Rohinton Nariman.

#Section377: Menaka Guruswamy refers to Manifest Arbitrariness as elucidated by Rohinton Nariman himself in the judgment of Triple Talaq case (Shayara Bano).

#Section377: Menaka Guruswamy on violation of Article 15.

"Articles 15 and 16 are the teeth of equality protection envisaged by Constitution."

#Section377: "Argument is simply this:

It is a violation of Article 15 because the discrimination revolves around the sex of the partner", Menaka Guruswamy.

#Section377: "It is based on Victorian morality that people should have sex only with opposite gender since sex is only for procreation", Menaka Guruswamy.

#Section377: Guruswamy also refers to notification dated July 2 by Indian Psychiatric Society which states homosexuality is not a pschiatric disorder.

#Section377: When the IIT students/ alumni came to me with the case, I was struck by how Section 377 had affected many of their lives, submits Guruswamy.

#Section377: "These people deserve to be protected by their court, their Constitution and their country", @MenakaGuruswamy.

#Section377: Menaka Guruswamy now referring to Canadian Supreme Court's decisions.

#Section377: The Canadian decision was relied upon by Constitutional court of South Africa in National Coalition for Gay and Lesbian Equality to recognise the vulnerability of people due to pre-constitutional morality, Menaka Guruswamy.

#Section377: The criminalisation is based on laws before the dawn of the Constitution, says @MenakaGuruswamy .

"How strongly must we love to withstand the terrible wrongs of Suresh Kumar Koushal", Menaka makes passionate plea.

#Section377: It denies #LGBT citizens equal participation in profession, Menaka Guruswamy.

#Section377: "It violates their right to seek employment including State employment and Constitutional offices", Menaka Guruswamy.

#Section377: The immediate aftermath of NALSA judgment was the extra ordinary number of transgenders who ran for public offices, Menaka Guruswamy.

#Section377: Bench rises for lunch. #SupremeCourt

[Breaking] Centre will not contest challenge to Section 377: Read Live Updates from Supreme Court [Day 2] barandbench.com/day-2-section-…

Read Day 1 Updates on #Section377 here: Senior Advocates Mukul Rohatgi and Arvind Datar made submissions barandbench.com/section-377-he…

Before the Bench reassembles post lunch, Read the Centre's affidavit in the #Section377 matter - bit.ly/2unKgft

@MenakaGuruswamy will continue arguing on #Section377 in post-lunch session

#Section377: Bench re-assembles; Hearing resumes. #SupremeCourt

#Section377: Section 377 violates right to form an association under Article 19, Menaka Guruswamy.

ASG Tushar Mehta objects to this, says beyond the scope of this hearing.

Justice Nariman says "she has a right to argue, you can respond if you want". #LGBT

#Section377: "Right to form an association?" ASG Mehta expressing surprise.

"Why not", says Justice Rohinton Fali Nariman. #LGBT

#Section377: "Any disqualification linked to S. 377 will be automatically lifted if provision is struck down", CJI Dipak Misra. #LGBT

#Section377: #LGBT persons are unable to form an association as they have to identify themselves as LGBT. This means they are denied many benefits which they can otherwise avail as an association, Menaka Guruswamy.

#Section377: This is not simply a reference to larger Bench, this is for Constitutional interpretation under Article 145(3), says Menaka Guruswamy. #LGBT

#Section377: This case is about a how this court can change social morality to Constitutional morality, Menaka Guruswamy. #LGBT

#Section377: Menaka Guruswamy concludes, Anand Grover commences arguments. #LGBT

#Section377: This case is about Constitutional values and not just about Section 377, Anand Grover. #LGBT

#Section377: The IPC is known to be very precise but Section 377 is different because it is not so, says Anand Grover.

#Section377: Anand Grover reads the provision, says nobody can understand the scope of Section 377. #LGBT

#Section377: Anand Grover dealing with how courts have interpreted "carnal intercourse against order of nature".

The orifice for penetration was interpreted to mean insertion even between thighs of another person came to be penalised, says Grover. #LGBT

#Section377: Fundamental rights have to be given expansive interpretation, they cannot be given restrictive interpretation. #LGBT

#Section377: Grover referring to Justice Rohinton Nariman's exposition of arbitrariness. #LGBT

Here is what Justice Rohinton Nariman held in the Shayara Bano case on the aspect of arbitrariness [Premium] - bit.ly/2u9GMxF

#Section377: Grover now dealing with impact of the provision on transgenders in the context of gender identity. #LGBT

#Section377: One of the major issues is there is denial of access to justice, says Grover.

A lot of gay men suffer from extortion, blackmailing especially in cases where people use dating apps, says Grover. We have dealt with huge number of such cases.

#Section377: The core issue in this case is values like liberty, equality and dignity, Grover. #LGBT

#Section377: Grover speaking about the case of Dr. Ramchandra Siras of Aligarh Muslim University, who was gay and how his privacy was invaded.

#Section377: Anand Grover concludes his arguments. #LGBT

#Section377: Jayna Kothari commences her submissions.

#Section377: Jayna Kothari arguing on NALSA judgment and gender identity. #LGBT

#Section377: Eunuchs are suspected of unnatural offences under Section 377, says Kothari when CJI Dipak Misra quizzed her on relevance of gender identity. #LGBT

#Section377: Jayna Kothari makes brief mention of discriminatory State statutes against Eunuchs. #LGBT

#Section377: Why is S. 377 which on the face of it applies to both males and females is discriminatory under Article 14?

Kothari takes the case of her client who is born a male but identifies herself as female.

#Section377: She is married but any sexual interaction with her husband will be hit by section 377, says Kothari.

#Section377: Jayna Kothari rushes through submissions on Articles 19 and 21, concludes her arguments.

Next is Sr. Adv. Shyam Divan for an intervenor, Voices Against 377. #LGBT

#Section377: Right to intimacy should be declared part of right to life, Shyam Divan. #LGBT

#Section377: Sexuality and sexual rights are part of human rights; homosexual conduct between two consenting adults is not against the order of nature, Shyam Divan. #LGBT

#Section377: Technically Section 377 criminalises certain acts only but in its application, it is not used against consenting sexual acts between heterosexual adults but is used against #LGBT community, Shyam Divan.

#Section377: Bench rises for the day, hearing to continue tomorrow.