[New Delhi] Top 5 Judges Discriminates Colonial Section 377
A five-judge Constitution bench of the Supreme Court Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex.
A five-judge Constitution bench headed by
Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.
The bench, which also comprised
Justices R F Nariman,
A M Khanwilkar,
D Y Chandrachud and
Indu Malhotra,
struck down Section 377 as being violative of right to equality.
The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.
Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
The apex court, however, said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.
The issue was first raised by the NGO, Naaz Foundation, which approached the Delhi High Court in 2001. The Delhi High Curt had in 2009 decriminalised sex between consenting adults of the same gender by holding the penal provision as “illegal”.
This high court judgement was overturned in 2013 by the apex court which also dismissed the review plea against which the curative petitions were filed which are pending.
The writ petitions were opposed by Apostolic Alliance of Churches and Utkal Christian Association and some other NGOs and individuals, including Suresh Kumar Kaushal.
Tag: LGBT
Top 5 Judges Discriminates Colonial Section 377
Transgenders[Hijra] Mulling To Switch over To Modelling Business
[New Delhi]Transgenders Mulling Switch over To Modelling Business.Now This Isolated Community[Hijra] May Now Connect National+International Audience. Auditions for models are being conducted which are open to all members of the ‘hijra’ and LGBT community.
Transgender community is looking forward to a new lease of life Through Modelling Agency
This is the brain child of Rudrani Chettri, a Delhi-based transgender activist and head of Mitr Trust
Chettri says the idea behind opening up a model agency comes from the feeling of ‘frustration’ which she and other transgenders had to face.
Eminent fashion stylist and photographer, Rishi Raj aims to get a prominent coverage to the soon-to-be-launched agency in a leading fashion magazine.
Meanwhile, the MITR trust has been working with an Indian-British team of filmmakers for the last one year.
They have been closely documenting their lives and struggles, with the hope that it will connect the long isolated ‘hijra’ community with the national and international audience.
Richa Banka In her story on PTI has stated that Funds for the initiative are being collected by Bitgiving.com, a crowd-funding platform.
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