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Jul 12, 2018 37 tweets 12 min read
#Section377 Day 3 Session 1 : Shyam Divan, Senior Advocate, has resumed arguments. He is appearing for intervenor "Voices Against 377" #LGBTQ
Divan emphasises on positive dimension of Article 14, states that it includes 'equal protection of law'. Refers to Justice Nariman's judgment in Triple Talaq case case to highlight 'equal protection of law'
Divan bats for "Right to Intimacy" quoting from South African Constitutional Court that right to privacy covers right to maintain intimate relations unaffected by law #Section377 #Sec377IPC
Sr.Adv. C U Singh begins arguments #Section377
"Homosexuals face a lot of pressure from parents and society; so they are forced to lead hetrosexual life"- Justice Indu Malhotra observes #Section377
"Homosexuality not an aberration but a variation; homosexual behaviour can be found in animals to"- observes Justice Indu Malhotra #Section377 #LGBT
#Section377 : DYC: Article 14 and 21 incorporate reasonable standards of prevailing society.
#Section377 : CJI: There is a stigma attached to the criminality of the orientation.
#Section377 : CJI: There is no prohibition per se. If the stigma is over, then there is no problem.

CU Singh: Then that will be a great step forward.
#Section377 CJI: Is there any law, byelaw or anything that prohibits homosexuality?

Menaka Guruswamy: No prohibition. But the Domestic Violence Act talks only about heterosexual marriage.
#Section377 Anand Grover interjects. "Under matrimonial laws, consent is for heterosexuals. Gays couples cannot adopt India."
#Section377 DYC: We have created a societal environment that creates a discrimination of these individuals. If 377 goes let's hope such societal stigmas change.
#Section377 CU Singh concludes. Ashok Desai starts.
#Section377 Ashok Desai- Existence of LGBT community is part of our culture, epics and literature.
#Section377 Ashok Desai- Same sex is not selfish. It is not intended to produce children.
#Section377 Ashok Desai -Ours is a culture that is very accepting.
#Section377 Ashok Desai mentions about how even BR Ambedkar faced discrimination, though on the basis of caste.
#Section377 Ashok Desai submits Devadutt Patnaik's Shikhandi book.
#Sectiion377- Ashok Desai refers to book by former Chief Justice Leila Seth where she stated that her son, a homosexual, is a criminal as per law.
#Section377 Tushar Mehta : Is this book a gift or for borrowal? Once Bernard Shaw gifted someone a book with his autographs. Few months later, he saw the same book in a second hand shop. Shaw repurchased it and sent the same book to the same person.

*Laughter*
#Section377 Desai concludes. Krishnan Venugopal starts.
#Section377- Ashok Desai makes reference to book Shikhandi by @devduttmyth Devdutt Pattanaik to state that homosexuality not alien to Indian cultural traditions #LGBTQ
Rises for lunch. #Section377
Krishnan Venugal begins arguments in post-lunch session #Section377 #LGBTQ
#Section377 targets expression of identity and infringes Article 19(1)(a). #LGBTQ cannot express their identity due to #Section377- Krishnan Venugopal
#Section377 offers basis for suppression of alternate sexuality- Krishnan Venugopal
#Section377 Krishnan Venugopal concudes. ASG Thushar Mehta starts arguments for Union of India
ASG Thushar Mehta submits that the constitutionality of #Section377 cannot be decided on the basis of individual perceptions and states that references to book Shikhandi of @devduttmyth may not be of much relevance
"We don't go by majoritarian morality" CJI responded to one lawyer arguing in support of #Section377 that popular opinion was against homosexuality.
"Constitutional questions cannot be decided by referendum" CJI Misra states when one lawyer argued that popular opinion should be examined to decide #Section377
Lawyer supporting #Section377 submits homosexuality found only in lower level animals. Says "carnal intercourse" different from "sexual intercourse". "carnal intercourse" against order of nature.
Lawyer supporting #Section377 argues "order of nature" covers only sexual acts performing using penis and vagina.
Lawyer supporting #Section377 argues that each organ has an assigned function and when organs which are not meant for reproductive functions are used for sexual pleasure it goes against "order of nature"
Adv.Manoj George appearing for Christian Associations submit that Centre has taken a U turn in the matter #Section377. He say Centre did not support private bill for scrapping #Section377, but in Court Centre taking different stand. CJI responds "irrelevant"
If majority was against #Section377 it would have been amended long ago; States could have scrapped it as IPC under concurrent list-says Adv George supporting #Sec377. CJI says Court not prevented from examining constitutional validity
ASG Mehta clarified that Centre has not taken any "U Turn" and has left the matter to the "wisdom of the Court"
Bench rises for the day. Arguments to continue on Tuesday. 90 minutes allotted to intervenors supporting #Section377

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Jul 17, 2018
#Section377 Day 4 : Adv. Manoj George, representing two Christian Associations, starts arguments in support of #Section377 IPC
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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
Read 56 tweets
Jul 10, 2018
In a significant judgment, SC has ruled that members of the medical profession owe a constitutional duty to treat the have-nots & that they cannot refuse to treat a person in dire need of treatment merely on the ground that he can't afford the fee. [1/n]

livelaw.in/medicos-owe-co…
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