Section 377 Verdict LIVE: SC decriminalises gay sex between consenting adults
Section 377 Supreme Court Verdict Today Live Updates: A five-judge Constitutional bench of the Supreme Court Thursday, in four separate but concurring judgments, partially struck down Section 377 of the IPC.
Section 377 Supreme Court Verdict Live Updates: A five-judge Constitutional bench of the Supreme Court Thursday, in four separate but concurring judgments, partially struck down Section 377 of the Indian Penal Code (IPC). The apex court was hearing a clutch of petitions challenging criminalisation of homosexuality. The five-judge bench was headed by Chief Justice of India Dipak Misra and comprised Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. The bench had reserved its verdict in the case on July 17.
The verdict Thursday was on five petitions moved by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur.
During the four-day hearing earlier this year, the Centre had said it would not contest the petitions, and left the decision to the “wisdom of the court”. In its affidavit, the Ministry of Home Affairs said: “I state and submit that so far as the constitutional validity (of) Section 377 to the extent it applies to ‘consensual acts of adults in private’ is concerned, the Union of India would leave the said question to the wisdom of this Hon’ble Court.”
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Supreme Court partially decriminalises Section 377 of IPC. Follow LIVE UPDATES in Hindi, Malayalam, Bengali, Tamil
12:02 (IST)06 SEP 2018
After CJI, Fali Nariman is reading his judgment
Justice R F Nariman is reading his judgement now. As we told you earlier, there are four separate but concurring judgments.
12:01 (IST)06 SEP 2018
SC partially decriminalises Section 377 of IPC
The Supreme Court has partially struck down Section 377 of the IPC, in so far as it punishes sex between consenting adults in same sex relations. The apex court has overruled the Suresh Kaushik verdict of 2016, which had reversed the Delhi High Court ruling decriminalising sex in such relations.
11:53 (IST)06 SEP 2018
CJI: 'Sexual orientation is natural'
CJI Dipak Misra says: "Only Constitutional morality and not social morality can be allowed to permeate rule of law... Sexual orientation is one of the many natural phenomenon. Any discrimination on basis of sexual orientation amounts to violation of fundamental rights. After judgement in Puttuswamy case, privacy has been raised to fundamental right."
11:44 (IST)06 SEP 2018
'LGBTQ community possess same rights as others'
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11:40 (IST)06 SEP 2018
Unanimous verdict on Section 377, says CJI
Four opinions will be read out by the judges. CJI Dipak Misra says there is a consensus among the judgments, which means all the judges are in agreement.
11:35 (IST)06 SEP 2018
The bench has assembled
The bench, led by CJI Misra has assembled. The judgment is expected to be read now.
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11:33 (IST)06 SEP 2018
Side note: CJI retires on October 2
CJI Dipak Misra is set to retire on October 2. The bench he heads is expected to rule on several important cases in the next month, including today's verdict on Section 377. The cases include the constitutional validity of the Aadhaar Act, 2016, Adultery, criminalisation of politics etc. Read the complete list here.
11:22 (IST)06 SEP 2018
Verdict at 11.30 am
The verdict is expected after 11.30, which is when the court will re-assembly. The five-judge bench, led by CJI Dipak Misra and comprising Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, is expected to deliver four separate judgments.
11:15 (IST)06 SEP 2018
Will gay sex be decriminalised? All eyes on SC
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11:00 (IST)06 SEP 2018
Dancer, Chef, Hoteliers — Who are the petitioners in the case?
The verdict on Section 377 comes on five petitions moved by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur. Here is a short profile on each of them.
10:57 (IST)06 SEP 2018
Coming up: SC to examine correctness of 2013 judgment
In July, when the SC had reserved its verdict in the case, CJI Misra had observed that the court is only concerned with consensual acts. "We are only on consensual acts... Consent is the fulcrum... Your enjoyment cannot offend the dignity of others." This may mean that today's verdict will concern sex between consenting adults. Nonetheless, it will raise larger questions on marriage, adoption and inheritance etc. of sexual minorities.
10:44 (IST)06 SEP 2018
Judgment shortly
The petitions are listed for judgment at 10.30 am this morning. However, it is likely to be delayed as a full court reference in the memory of senior advocates Dr G C Bharuka and V A Mohta. Meanwhile, as we wait, here are some pictures from outside the court, taken by our photojournalist Abhinav Saha.
Journalists outside the Supreme Court on Thursday; petitioner Keshav Suri talks to the media (Express Photo/Abhinav Saha)
10:35 (IST)06 SEP 2018
SC: 'If rights are violated, we can’t wait for majoritarian govts to act'
In July, when the SC reserved its verdict in the case, the bench had observed that it does not wait for “majoritarian governments” to act if it finds that a law violates fundamental rights. Justice Nariman had said, "The moment we are convinced that there is a violation of fundamental rights, we cannot leave anything to the legislature... The whole object of the fundamental rights chapter is to strike down laws that violate fundamental rights which majoritarian governments may find difficult to do because of vote bank concerns etc."
Read more here
10:00 (IST)06 SEP 2018
Watch video: The journey of Section 377 of IPC
09:47 (IST)06 SEP 2018
Navtej Johar of Navtej Johar vs Union of India
Shalini Nair writes in The Indian Express today: It was in 1994 that journalist Sunil Mehra met Bharatnatyam dancer Navtej Johar for a profile he was working on. Coming back to the newsroom, Sunil declared that he could not write the story with the journalistic objectivity required of him. That story remained untold but the two moved in together within six months.
We are products of psychological and emotional dysfunction, says Johar; today's verdict could start changing that.
Read the entire article here
09:14 (IST)06 SEP 2018
Editorial — SC must seize opportunity to right a shameful wrong
The Supreme Court has an opportunity to end the matter conclusively, and to right a dreadful historical wrong, in whose persistence the court has been instrumental. Historically, governments have been reluctant to withdraw Section 377. But now, in an admirable change of stance, it has lobbed the ball back to the court, where it belongs. The Supreme Court is the proper guardian of the rights of minorities like the LGBT community — in Parliament, majoritarian opinion may prevail. Besides, the validity of Section 377 is a question of right and wrong, which is best addressed legally.
Read the editorial, 'Unnatural section' here
09:10 (IST)06 SEP 2018
Section 377 — a timeline of the case
In July 2009, the Delhi HC had decriminalised homosexuality among consenting adults after finding that it violated Article 14, 15 and 21 of the Constitution. At the time, the HC was hearing a petition filed by NGO Naz Foundation. The government had argued that homosexuality comprises only 0.3 per cent of the population, and therefore the rights of over 99 per cent cannot be compromised.
The verdict, however, was struck down by a two-judge bench of the Supreme Court in December 2013. The top court, finding that the HC's judgment was "legally unsustainable", recriminalised gay sex. The SC also left it to Parliament to consider deleting the provision from the IPC.
A review petition filed by Naz was quashed.
In January this year, riding on the back of the SC's verdict on the right to privacy being a fundamental right, a petition challenging Section 377 was assigned to a five-judge Constitution bench.
08:51 (IST)06 SEP 2018
What is Section 377 of IPC?
Dating back to 1861, Section 377 of the IPC states: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” What is Section 377 of IPC?
08:23 (IST)06 SEP 2018
Section 377 verdict at 10.30 am
A five-judge bench will deliver a verdict on Section 377 of the Indian Penal Code (IPC), the criminalisation of homosexuality, on Thursday morning. The highly-anticipated judgment comes at a time when the LGBTQ movement, demanding the right to free choice, and to live happy, equal lives without discrimination or hate, is picking up pace not just across India, but across the world. The verdict is likely to be delivered after 10.30 this morning. Follow our LIVE blog for the latest news and information.
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