Day 3 of #Section377 hearing: Live Updates from the Supreme Court barandbench.com/day-3-section-…
#Section377: #ShyamDivan resumes his submissions, arguing on positive dimension of Article 14. #LGBT #SupremeCourt
Senior Advocate #ShyamDivan is appearing for an intervenor, Voices Against 377. #LGBT
#Section377: #ShyamDivan places reliance on Justice Rohinton Nariman's judgment in #TripleTalaq case.
#Section377: Refers to para 62 of #TripleTalaq judgment which states "equality before law" in Article 14 derived from UK while "equal protection of law" is from 14th amendment of US.
#Section377: 'Equality before law' is the negative content while 'equal protection of law' connotes positive content of Article 14, says #ShyamDivan to argue for the necessity of positive action on the part of the State for homosexual persons.
#Section377: This is an opportune moment for the Court to issue additional declarations [aside from striking down S. 377], #ShyamDivan. #LGBT #SupremeCourt
#Section377: It has a chilling effect on freedom of expression under Article 19, #ShyamDivan.
Divan relies on #Puttaswamy judgment (privacy), #ShafinJahan (Hadiya), Lawrence v. Texas.
Divan relies on #Puttaswamy judgment (privacy), #ShafinJahan (Hadiya), Lawrence v. Texas.
#Section377: Supreme Court should not have re-criminalized Section 377 (after Delhi HC struck it down) because of the tremendous adverse impact it has, #ShyamDivan
#Section377: This community feels inhibited to go for medical aid due to prejudices against them, remarks Justice Indu Malhotra. #LGBT
#Section377: Because of family pressures, societal pressures etc. they are forced to marry opposite sex and it leads to bi-sexuality and other mental trauma, remarks Justice Indu Malhotra
#Section377: It is not human beings alone who indulge in homosexual acts, many animals also show homosexual behaviour; It is not an aberration but a variation, Justice Indu Malhotra making a strong case against Section 377.
#Section377: Justice DY Chandrachud refers to Section 21a of Mental Healthcare Act which expressly prohibits discrimination on the ground of sexual orientation.
"So Parliament itself now recognises them", Justice Chandrachud.
"So Parliament itself now recognises them", Justice Chandrachud.
#Section377: If Parliament recognises that sexual orientation cannot be ground for discrimination for mental health treatment, then can it be any different when it comes to other issues, CU Singh.
#Section377: Is there any provision in any other statute in this country wherein Sexual orientation has been considered not normal or a mental disorder, asks CJI Dipak Misra. #LGBT
#Section377: @MenakaGuruswamy says while the Supreme Court has recognised live-in relationships and its jurisprudence has been that of substantive equality, there is discrimination (towards homosexual persons) in the application of law like domestic violence laws.
#Section377: Having faced criminalisation for over 160 years, it is a huge step to strike it down.
But whenever there has been historical deep-rooted discrimination, then State has resorted to affirmative action, submits CU Singh
But whenever there has been historical deep-rooted discrimination, then State has resorted to affirmative action, submits CU Singh
#Section377: It is a declaration against such discrimination that we are seeking, CU Singh
#Section377: We request Your Lordships to articulate something positive as it will go a long way in ending discrimination, CU Singh concludes
#Section377: Senior Counsel Ashok Desai begins arguments.
#Section377: Desai speaking about Fraternity and how it is developing continuously as a concept.
#Section377: Ashok Desai uses the words "utter chaos created by this law".
#Section377: Desai tracing the treatment of homosexuals by various ancient civilisations
#Section377: Desai on how perception towards homosexuality changed with the coming of Abrahamic faiths
#Section377: Desai places reliances on Puttaswamy and NALSA, Subramanian Swamy judgments.
#Section377: The whole problem before Your Lordships is human condition.
#Section377 Desai says just because very few people are convicted under this law, is no ground to support this law.
#Section377: Ashok Desai concludes his arguments; Krishnan Venugopal begins submissions.
#Section377: Bench rises for lunch. To re-assemble post lunch.
Bench re-assembles after lunch; Krishnan Venugopal resumes.
#Section377: Krishnan Venugopal making submissions about how thr provision is used to harass LGBT persons who don't speak up due to stigma and societal perceptions.
#Section377: Has a chilling effect on freedom of expression.
Macaulay while introducing this provision said he does not even want to discuss about this provision as according to him it was revolting and odious, submits Krishnan Venugopal.
Macaulay while introducing this provision said he does not even want to discuss about this provision as according to him it was revolting and odious, submits Krishnan Venugopal.
#Section377: It offers a legal basis to supress alternate sexuality, Krishnan Venugopal.
#Section377: Prevents LGBT from exercising freedom of association and hence violates Article 19. #LGBT #SupremeCourt
#Section377: Krishnan Venugopal concludes.
#Section377: ASG Tushar Mehta now making submissions on behalf of the Central government.
#Section377: Mehta urging Court to stick to the Constitutionality of the provision.
He has handed over some document to the court saying persons with different perceptions look at things differently.
He has handed over some document to the court saying persons with different perceptions look at things differently.
#Section377:
"Look at some liberal Constitutions. We will point out some countries on map where you need to look at", Justice Chandrachud to one counsel who was for retaining Section 377.
"Look at some liberal Constitutions. We will point out some countries on map where you need to look at", Justice Chandrachud to one counsel who was for retaining Section 377.
#Section377: "We don't decide Constitutional issues by referendum", CJI Dipak Misra to another counsel who tried to make arguments based on "popular opinion". #LGBT
#Section377: Advocate Manoj George making submissions for intervenors in support of Section 377.
#Section377: Manoj George appearing for intervenors seeks equitable time for making submissions.
No no, says CJI Dipak Misra.
No no, says CJI Dipak Misra.
#Section377: George trying to counter reliance by petitioners on Yogyakarta principles.
#Section377: No senior to hold a brief for my side, maybe because of the issue involved, says George who is appearing for two Christian associations supporting Section 377.
"There was a u-turn by govt which causes serious concerns for public at large", says Manoj George.
"There was a u-turn by govt which causes serious concerns for public at large", says Manoj George.
#Section377: Manoj George reading former ASG PP Mehta's submissions in Koushal to prove his point that govt has taken a u-turn.
#Section377: This is not a lis between two parties.
IPC falls under concurrent list. If any of the States wanted to amend it, they would have done so. They have not, says George.
That does not mean its Constitutionality cannot be challenged, CJI Dipak Misra.
IPC falls under concurrent list. If any of the States wanted to amend it, they would have done so. They have not, says George.
That does not mean its Constitutionality cannot be challenged, CJI Dipak Misra.
#Section377: Hearing concludes for the day, intervenors will be heard for an hour on Tuesday next week. #LGBT
Justice DY Chandrachud during the hearing today 
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