CJI Dipak Misra Indicates That Ban On Gay Sex May Be Gone Soon: 10 points

CJI  Dipak Misra Indicates That Ban On Gay Sex May  Be Gone Soon: 10 points

CJI  Dipak Misra Indicates That Ban On Gay Sex May  Be Gone Soon

New Delhi: Dipak Misra, the Chief Justice of India, today indicated that the 150-year-old ban on gay sex may soon be gone. "We intend to rule, subject to arguments, that two consenting adults even if engaged in 'unnatural sex' will not be liable for prosecution for any offence" said the Chief Justice. The court's observation, which heard a bunch of petitions calling for the decriminalization of gay sex and scrapping of the relevant law under Section 377, came after the government said it would leave the decision to the five-judge constitution bench.

Here's the 10 points to the story:

1.The LGBT community activists have found hope in a series of observations by the Supreme Court, one of which held, "Section 377 is the infrastructure for denying rights. Once it falls, other rights will be realized".

2. The "gay sex" law which was earlier upheld by the government, was left to the court to decide whether the 150-year-old law banning gay sex will remain and whether it is constitutionally valid. The change came after a landmark Supreme Court order, Right To Privacy, in which the court said the law can't "trample or curtail" the constitutional right to life and liberty

3. The affidavit by the government states that if the court declares "Section 377 viz. 'consensual acts of adults in private', to be unconstitutional" the government will not go into any other issue. Government's lawyer Tushar Mehta, said "The Supreme Court should not rule on any other issue as it could have far reaching consequences for future."

4. Dipak Misra, the Chief Justice of India who is leading a five-judge constitution bench hearing the case, said, "We will only decide on the challenge to Section 377 and what civil rights follow, will be decided later".

5. "If there are service conditions prohibiting LGBT and transgender people in services it will go once we hold Section 377 unconstitutional... This will help awakening in the society and help LGBT community will be able to live life to the fullest," CJI Misra added.

Also Read: Iran: Will Do Our Best To Ensure Oil Supply To India

6. Justice J Chandrachud, who is part of the bench, said, "We don't want a situation where two homosexuals enjoying a walk on Marine Drive should be disturbed by the police and charged under Section 377".

7. The affidavit was submitted by the centre, which stated its stand on the issue, on the second day of the hearing in the case. The previous day, it was stated by the bench stated it would only examine the "correctness" of 2013's verdict, which cancelled a Delhi High Court judgment that declared criminalizing gay sex between consenting adults was "unconstitutional".

8. This year in January, after five years the top court decided to take a fresh look into the issue after a bunch of petitions calling for it piled up.

9.The IPC Section 377 states that Gay sex "against the order of nature" and draws a jail term and a fine. However prosecutions under this has been rare, the activists say that the police use this law to harass members of the LGBT community.

10. The previous year's landmark judgment on Right To Privacy, the Supreme Court said the rights of lesbian, gay, bisexual and transgender population are "real rights founded on sound constitutional doctrine".

For More India News Click Here

Support Our Credible Journalism By subscribing to dailyaddaaFor the latest news on dailyaddaa, like us on  Facebook and follow us on Twitter.