Supreme Court to review Section 377: All your questions answered

Supreme Court to review Section 377: All your questions answered

Supreme Court to review Section 377: All your questions answered

However, in December 2013, the Supreme Court quashed the 2009 Delhi High Court order allowing gay sex and reinstated criminalisation of homosexuality. A section of people or individual who exercise their choice should never live in a state of fear.

The Supreme Court is refusing to hear challenges to a MS law that allows businesses and government employees to deny services to LGBT people based on their religious beliefs.

Section 377 dates back to 1860 when Britain ruled India as a colony and comes with a punishment of up to 10 years in jail.

The court is also seized of a curative petition filed by Naz Foundation Trust, the non-governmental organization (NGO) that had originally filed a lawsuit in the Delhi high court in 2001. Justice GS Singhvi and Justice S J Mukhopadhaya, who pronounced the verdict, justified its order by saying, "The High Court overlooked that a minuscule fraction of the country's population constitute lesbians, gays, bisexuals or transgenders and in last more than 150 years, less than 200 persons have been prosecuted for committing offence under Section 377". "The court has to examine [the] constitutional validity in considering whether the prohibition imposed on two adults accounts for violation of their freedom at the same time legitimising may amount to encouraging immorality", party MP Majeed Memon said.

The Supreme Court also mentioned to a Constitutional bench the petition seeking to decriminalize consensual sex between LGBTQ adults.

Elated over the decision, an LGBT Activist said,"We need to welcome it".

SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI.

This follows the apex court's August judgment holding privacy to be a fundamental right and additionally that sexual orientation forms an essential attribute of privacy.

"Everybody has equal right to live life the way they want", Dev said.

What's the Supreme Court verdict on transgenders?

"Those who haven't been and won't be harmed by this law shouldn't be allowed to restrict freedom for others by ensuring dissenters are left open to the government discrimination that has already occurred in states without protective laws like this one". It also includes a maximum punishment of life imprisonment. "We think it appropriate to send this issue to a larger bench", they said.

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