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ASG Thushar Mehta submits that Union of India will leave the matter of constitutionality of #Section377 to be decided by the Court. #Sec377 #LGBTQ
ASG further submits that the practises like incest should not be promoted. CJI allays such apprehensions by retorting that such relationships are void under law
CJI states that Court is considering only the issue whether homosexual practises should be treated as a crime. ASG replies that Union of India leaves this issue to the wisdom of the Court, but if the Court is considering larger issues Union of India will file detailed statement
Union of India does not contest the point that right to choose partner is a fundamental right :- Thushar Mehta, ASG
Justice Chandrachud once again clarifies that court is not considering civil rights of homosexual person like marriage, inheritance etc, but only considering whether to criminalize consensual sex between adults
CJI Misra states "the civil rights flowing out of same sex relationships is subject matter of another issue"
Justice Chandrachud : Sexual orientation is innate in a person; not a matter of choice #Section377 #Sec377 #LGBTQ
Chandrachud, J was responding to the argument that the right to choose partner as declared in Hadiya case should be applied in Section 377. Chandrachud responded Hadiya case not strictly applicable, as sexual orientation was not a matter of choice #Section377 #LGBTQ #Sec377
Adv. Sourav Kirpal argues that the SC declaration in Shakthi Vahini Case ( against interference by Khap Panchayaths) that right to choose partner forms part of Articles 19 and 21 is applicable to #LGBTQ community. #Section377 #Sec377
Chandrachud,J says it is unacceptable that two homosexual persons enjoying a walk along Marine Drive could be disturbed by police and charged under #Section377
@MenakaGuruswamy commences arguments
#Section377 violates Article 14, 15, 19(1)(a) and 21 of the Constitution of India, submits @MenakaGuruswamy
#Section377 is a colonial legacy, creating a chilling effect on sexual choices, and discriminating persons on basis of gender of their partners #LGBTQ #Sec377
@MenakaGuruswamy says she represents 350 IIT Grads belonging to LGBT group. She said "the world is looking at this Court and waiting for correction" #Section377 #Sec377 #LGBTQ
@MenakaGuruswamy refers to Justice Nariman's judgment in 'triple talaq' case that law can be struck down if it is arbitrary and unreasonable. She says #Section377 should go out of book on that principle, as it has no rational basis or objective
"My Lords should emancipate a class of people who have been denied the promises of our Constitution", @MenakaGuruswamy makes an impassioned plea on behalf of #LGBTQ community. #Section377 #Sec377
@MenakaGuruswamy quotes Anuj Garg decision (which held women cannot be prevented from working in bars) to argue that Constitution frowns on gender based discrimination and hence #Sec377 which discriminates on basis of gender of partner violates Article 15 #LGBTQ #Sec377
@MenakaGuruswamy referst to notification by Indian Psychiatric Society which clarified that homosexuality was not a psychiatric disroder
@MenakaGuruswamy narrates the harassment and agony faced by her clients (IIT-grads belonging to #LGBT community)
"These young people need to be unafraid to love and be loved, and they should be protected by this Court", @MenakaGuruswamy makes fervent plea for her clients, after narrating the trauma and harassment they had to face due to their sexual orientation #Section377 #Sec377 #LGBTQ
Guruswamy quotes South African decision in National Coalition of Gay and Lesbian Equality, which had relied on a Canadian Supreme Court decision to declare equal rights to #LGBTQ community #Section377
"Its not just consensual sex between homosexual partners that this Court should recognise, but their love for each other. How strongly must you love knowing that you are unconvicted felons under #Section377"- @MenakaGuruswamy #LGBTQ
" NALSA judgment enhanced self worth of transgender persons &now they have increased visibility, with many of them serving in govt offices & some of them contesting elections. "- @MenakaGuruswamy #Section377
Guruswamy continues in the post-lunch session. Argues on the right of #LGBT community to form association under Article 19(1)(c). ASG interferes and objects saying its beyond scope of the case. Justice Nariman intervenes and says "she has right to argue, you may respond later"
#Section377 violates the rights of sexual minorities to form any sort of social, political or cultural associations, which is granted by Article 19(1)(c)- @MenakaGuruswamy
Constitutional morality, instead of social morality, should govern the rights of people- @MenakaGuruswamy #Section377
It's not just about decriminalization of Section 377; but its about recognising constitutional rights of equality, justice and liberty of sexual minorities- Anand Grover #Section377 #Sec377 #LGBTQ
Scope of #Section377 is very wide and vague. "What is order of nature?". #Section377 not precise and clear like other provisions of Indian Penal Code- Grover
#Section377 can be applied even in sexual acts between man and woman- Grover
"Carnal intercourse against order of nature" in #Section377 interpreted in strange ways by Courts- Grover
Grover says his client Arif Jafar was caught by police for promoting condoms among men. No lawyer agreed to appear for him in the criminal case. #Section377 #Sec377IPC #LGBTQ
#Section377 is bad for 'overbreadth' and 'arbitrariness' as explained by Justice Nariman's judgment in 'Triple Talaq' case- Grover
Expression "carnal intercourse" in #Section377 wider than "sexual intercourse" in Section 375(which defines rape)- Grover
Word "sex" in Article 15 should be interpreted to mean "sexual orientation" and therefore discrimination on basis of "sexual orientation" is constitutionally prohibited as per Article 15- Grover #Section377 #Sec377 #LGBTQ
After Nirbhaya amendment, Section 375 IPC covers oral sex, anal sex etc, and such acts if done consensually by adults cant be regarded as against "order of nature" anymore. Therefore, #Section377 requires new understanding in the light of new developments- Grover #Sec377 #LGBTQ
Chandrachud, J clarifies that in the light of amended Sec.375, consensual anal sex between man and woman cannot be regarded as crime, and therefore Section 377 will only cover same sex couples #Section377 #Sec377ipc #LGBTQ
CJI Misra states that natural inclinations of people vary and that Constitution is not for the protection of any one type of inclination #Section377 #Sec377ipc
Grover makes mention of gay professor from AMU, Ramchandra Siras, who had to commit suicide due to harassment. (Hindi film 'Aligarh' was made based on his life) #Section377 #Sec377ipc #LGBTQ
Grover refers to Allahabad HC judgment which quashed suspension of Ramchandra Siras ordered by AMU for being gay #Section377 #Sect377ipc
#Section377 has impact on employment opportunities of homosexual persons- Grover
Chandrachud,J observes in urban areas acceptability of homosexuality increasing, but not sure if it has permeated to rural areas #Section377 #Sec377ipc #LGBTQ
@jaynakothari represents human rights activist @akkaitg Akkai Padmashali
meaning of gender identity underwent change after NALSA judgment submits @jaynakothari
self determination of gender identity has been recognized as part of fundamental right in NALSA judgment. therefore, self determination of sexual orientation also a fundamental right submits @jaynakothari
#Section377 nullifies the rights given to transgender community by the NALSA judgment states @jaynakothari
Jayna Kothari concludes. Shyam Divan commences for intervenor against #Section377
"Time has come to declare right to intimacy as part of right to life under Article 21", Shyam Divan #Section377 infringes right to intimacy. #LGBTQ
Shyam Divan is representing the organization "Voices Against 377"
"Sexual rights part of human rights. Homosexual act between two consenting adults not against order of nature"- Divan #Section377 #Sec377IPC
Shyam Divan backs Grover's argument that 'sex' under Article 15 should be interpreted to mean 'sexual orientation' to avoid discrimination the basis of sexual orientation
#Section377 perpetuates discrimination on basis of sexual orientation denying equal access to sexual minorities to education, job, health care etc- Shyam Divaw #Sec377IPC #LGBTQRights
#Section377 creates "second class citizes". #LGBTQ people forced to go invisible and underground, depriving them of freedom of expression- Shyawm Divan #Sec377IPC
Bench rises for the day. Hearing to continue tomorrow #Section377
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