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Sep 6, 2018 22 tweets 8 min read
#Section377 : The Constitution Bench assembles for pronouncement of verdict
CJI says its a unanimous verdict expressed through four separate but concurring judgments
"#Section377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights"- CJI Misra's judgment #LGBT
"We have to vanquish prejudice, embrace inclusion, and ensure equal rights"- CJI Misra's judgment #Section377 #LGBT
Sustenance of identity is the essence of existence, CJI Misra's judgment states #Section377 #LGBT
The judgment of CJI Misra(and Justice Khanwilkar) overrules Suresh Kaushal Judgment #Section377 #LGBT
Majoritarianism in constitutionally untenable. Constitution is a dynamic document, having the primary objective of establishing a dynamic and inclusive society- Judgment of CJI Misra and J Khanwilkar #Section377 #LGBT
Discrimination on the basis of sexual orientation is violation of freedom of speech and expression- Judgment of CJI Misra & J Khanwilkar #Section377 #LGBT
Bodily autonomy is individualistic. Expression of intimacy is part of right to privacy.- Judgment of CJI Misra & J Khanwilkar #Section377 #LGBT
#Section377 to the extent it criminalizes sexual acts between consenting adults, whether homosexual or hetrosexual, is unconstitutional- CJI Misra & Khanwilkar #LGBT
The judgment of CJI Misra & Khanwilkar holds that bestiality will continue to be offence under #Section377
BREAKING : Judgment of CJI Misra & Khanwilkar declares #Section377IPC unconstitutional, to the extent it criminalizes consensual sexual acts between adults, whether homosexual or hetrosexual. However, bestiality will continue as an offence.
J Nariman starts reading out his verdict- Suresh Koushal no longer good law in view of NALSA & Puttaswamy judgments
J Nariman holds that homosexuality cannot be regarded as mental disorder #Section377 #LGBT
Homosexuals have right to live with dignity- J Nariman #Section377 #LGBT
J Chandrachud starts reading out his verdict
#Section377 inflicts tragedy and anguish; it has to be remedied- J Chandrachud #LGBT
#Section377 has travelled so much that it has been destructive to LGBT identity : J Chandrachud #LGBT
Human sexuality cannot be confined to a binary - J Chandrachud #Section377 #LGBT
Justice Indu Malhotra starts reading out the judgment
History owes an apology to these people persecuted by #Section377 for the social ostracism caused by the section - J Indu Malhotra #LGBT
Any kind of sexual activity with animals shall remain penal offence under #Section377 of the IPC: SC

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More from @LiveLawIndia

Sep 28, 2018
#Sabarimala: Five Judge Constitution Bench will deliver the Judgment in a 2006 PIL filed by Indian Young Lawyers Association challenging the centuries-old tradition of Sabrimala Temple banning entry of women of menstruating age inside the temple now
Bench of Chief Justice Dipak Misra And Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra is going to pronounce the verdict after eight-day long marathon hearing
The Constitution Bench assembles
Four Opinions as "USUAL"
Read 36 tweets
Sep 26, 2018
Bench consisting of CJI, Justices Chandrachud, Sikri, Khanwilkar and Bhushan to sit shortly to deliver Aadhaar judgment. #Aadhaar
Bench assembles.
Sikri,J's judgment concurred by CJI and Khanwilkar,J.
Read 65 tweets
Jul 17, 2018
#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
Read 41 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
Read 37 tweets
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]

livelaw.in/medicos-owe-co…
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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