Thread by @LiveLawIndia

#Section377 Day 4 : Adv. Manoj George, representing two Christian Associations, starts arguments in support of #Section377 IPC

He submits that there is intelligible differentia in #Section377 as classification is based on whether carnal intercourse against "order of nature" or not

Justice Chandrachud asks" what is the order of nature?" #Section377

"Section377 has no mention of 'consent'. Court cannot add or delete words to a provision while interpreting it."- submits Adv Manoj George to counter petitioners' arguments that consensual homosexuality should not be criminalized. #Section377

Justice Nariman asks Adv George whether all sexual activities which do not lead to procreation should be treated as "against order of nature". #Section377 #LGBTQ #section377ipc

Word 'sex' has been expanded to include 'transgenders'- Justice Nariman says referring to NALSA judgment #Section377

Justice Nariman was responding to the argument that Article 15 cannot be interpreted to include discrimination on basis of sexual orientation #Section377

Justice Chandrachud points out that a website referred in Adv George's written submission is a "hate website" #Section377

George submits that there was no scientific evidence to state that people are born with a particular sexual orientation #Section377

He says that people who may show same sex attraction during adolescence may not show such attraction later on #Section377

Justice Nariman cites the case of Alan Turing, an English mathematical genius, who committed suicide after being punished for having a homosexual relationship #Section377

George submits that unnatural sex is a ground for divorce under Divorce Act and Parsi Marriage Act. Justice Nariman clarifies that unnatural sex can be held to cover only bestiality and sexual acts with minors #Section377

George argues that it is for the legislature to change laws. Justice Nariman responds stating that Courts are duty bound to strike down a law if it is unconstitutional. #Section377

Manoj George argues that homosexuality offends religious sentiments. CJI responds that one's dignity cannot be violated by another's sexual orientation #Section377

George submits that adoption of "Yogyakarta Principles" would lead to recognising right of marriage of homosexuals. CJI responds that George is misreading the Principles, and states that people can live together as family even without formal marriage. #Section377

George says that Kaushal judgment expressed apprehensions of spread of HIV/AIDS through homosexuality. Court responded by stating that legal recognition of homosexuality will enable State to adopt measure to spread awareness and to protect right to health of homosexuals

George concludes arguments. Senior Advocate K Radhakrishnan begins arguments for another intervenor

Lunch recess

Hearing resumes after lunch recess

Senior Advocate Radhakrishnan for respondents.

Sr. Adv. Radhakrishnan elaborates on 'constitutional morality' on the basis of recent NCT of Delhi v Union of India judgment on powers of LG

#Section377 Necessary to retain 377 considering transmission of HIV- Radhakrishnan.

Section 377 is to be retained for curbing spread of HIV. Shows a report from American society that says HIV is spread mostly through homosexual intercourse.

We have to be governed by values of the concerned society.We are in Indian society.

#Section377 The documents showed by Radhakrishnan is mistaken. Points out Menaka Guruswamy.

The documents showed by Radhakrishnan is mistaken.Point out @MenakaGuruswamy
Where did you get it from? - Asks Chandrachud.J

#Section377 DYC to Radhakrishnan -Where did you get it from?

#Section377 DYC to Radhakrishnan -Where did you get it from? There are a lot of not so credible information in internet, question is whether we take it on record or not.

There are a lot of not so credible information in internet, question is whether we take it on record or not :Chandrachud
when you remove credibility we are left with incredibility: Nariman.J

#Section377 Rohinton,J- when you remove credibility we are left with incredibility - on the wrong and incredible documents shown by Radhakrishnan.

#Section377 Radhakrishnan- Indian society will be polluted if we remove 377. India will lose nobility quality etc.

#Section377 Radhakrishnan quotes Cardozo.

#Section377 Radhakrishnan : Dignity and institution of marriage will be rampantly affected.

#Section377 Constitutional trust cannot be abused. Scrapping 377 amounts to abuse of Constitutional trust - Radhakrishnan

#Section377 Terrorists cannot claim privacy when police is going to nab them - Radhakrishnan

#Section377 If an unmarried man and a married man indulges in homosexual relationship, 493 and 497 of IPC will come to play. The sections concern adultery.

#Section377 Will even incest be condoned if we and go develop a jurisprudence where it is legal for two consenting adults have sex? The lawyer for respondents argues.

#Section377 If 377 is struck downs for non-consensual acts, the aggrieved persons would be left without any remedy.

#Section377 Counsel for Suresh Kaushal argues that decriminalizing 377 will come up with a completely new crop of sex workers.

#Section377 Rejoinder of Petitioners start. Anand Grover and Meenakshi Grover make quick rejoinder. Hearing almost concluding.

#Section377 Judgment reserved. Hearing over.