Supreme Court Observer Profile picture
Sep 6, 2018 9 tweets 7 min read Twitter logo Read on Twitter
What are the possible options before the #SupremeCourt? Maxamilist, lean maximalist, minimalist...
See our pre-judgement matrix #Section377 #SCObserver…
The 5-judge Bench assembled at 11.30 to announce its judgement on #Section377. #CJIDipakMisra is reading the judgement. There are four concurring opinions
#Section377 has been struck down. #CJI says, 'it is irrational and manifestly arbitrary'
#CJI continues:
1) self-determination lies at the core of the concept of identity
2) the #SoureshKoushal's minuscule minority rationale is constitutionally impermissible
#SCO #SCObserver
3) Constitution is transformative in nature: it should be interpreted in a meaningful manner keeping with the changing times
4) constitutional not public morality must be the rule of law
#SCO #SCObserver
...5) the Court must strive to recognise the right to live with dignity, an internationally recognised human right
#SCO #SCObserver
#SupremeCourt has partially struck down #Section377 by decriminalising consensual same-sex intercourse. Non-consensual sexual acts and bestiality are still criminalized under 377
#Section377 #SCObserver #SCO
#Section377 #JusticeNariman and #JusticeChandrachud are reading their concurring opinions.
Nariman: homosexuality is not a mental disorder
Chandrachud: 'the lethargy of the law is manifest again'
#SCO #SCObserver
#JusticeMalhotra is reading her concurring opinion: 'History owes an apology to the members of this community and their families for the delay in remedying the injustice done to them'
#SCO #SCObserver

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More from @scobserver

Feb 13, 2018
Day 10; Session 1- Kapil Sibal (KS ) :continues with arguments against Aadhaar. Compares Aadhar ID with National ID for Israel and points out that in Israel, information can be used only for purpose they are collected. No provision for metadata. #scobserver @KapilSibal
KS : Reads from Puttaswamy judgment (Right to Privacy case) which says that Information is power. Refers to very expensive acquisition of Whatsapp by Facebook to argue that these services are highly valued because of information access. #scobserver
cont -services like Whatsapp,Facebook,Uber have data but in silos unlike Aadhar, where all data are stored in centralised database and that makes it dangerous. In silos, the information is consequential, but under centralised database, it provides personality mapping.#scobserver
Read 7 tweets
Feb 8, 2018
#Aadhaar Day 9; Session 1 - @KapilSibal begins with reading a newspaper report abt, how ppl are being denied pension because of Aadhaar. Justice Bhushan enquires - if there are so many problems with Aadhaar, then why 1.2 billion ppl have enrolled for it? #scobserver,
replies that difference between enrolment and requirement of authentication each time. Authentication requirement continuously leads to exclusion, which is a ground for challenging Aadhar. J. Bhushan seems non-convinced. #scobserver
J. Chandrachud says that exclusion can be because of 2 factors - lack of infrastructure and biological factor like old age. Observes that government can upgrade infrastructure. ASG Tushar Mehta questions claim of exclusion due to Aadhaar. #scobserver #Aadhaar
Read 14 tweets

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