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Jul 17, 2018 41 tweets 10 min read Twitter logo Read on Twitter
#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.

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Sep 28, 2018
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Sep 6, 2018
#Section377 : The Constitution Bench assembles for pronouncement of verdict
CJI says its a unanimous verdict expressed through four separate but concurring judgments
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Read 22 tweets
Jul 12, 2018
#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
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Jul 11, 2018
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
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]…
Allowing the appeals preferred by Union of India, a bench of Justice Arun Mishra and Justice Uday Umesh Lalit set aside the Delhi High Court order that had quashed the circular issued by the Government of NCT of Delhi. [2/n]
The bench also directed all the hospitals in Delhi built on subsidized land to scrupulously observe the conditions imposed by the government circular including that to provide free treatment to 10% indoor patients and 25% outdoor patients of poor strata of the society. [3/n]
Read 8 tweets

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