Supreme Court Reserves Order on Scrapping Section 377 of IPC

India’s LGBT community holds its breath as SC hears pleas challenging Section 377 that criminalises homosexuality.

The Supreme Court on Tuesday, 17 July, reserved its order on pleas challenging the constitutional validity of Section 377 of the IPC, which criminalises carnal intercourse “against the order of nature”. The apex court has asked parties to file written submissions in support of their claim in the matter by 20 July.

On 10 July, the five-judge Constitution bench began hearing the arguments on petitions filed by 12 individuals seeking the scrapping of Section 377.

• “We would not wait for the majoritarian government to enact, amend or not to enact any law to deal with violations of fundamental rights,” the five-judge Constitution bench observed on 17 July
• The CJI on 12 July said, “We don’t go by majoritarian morality,” in response to contentions that popular opinion was against homosexuality
• ASG Tushar Mehta, on 11 July, told the bench that the Centre will leave the matter of the constitutionality of Section 377 on the apex court
  

SC Reserves Order on Scrapping of Section 377

The Supreme Court on Tuesday, 17 July, reserved its order on pleas challenging the constitutional validity of Section 377 of the IPC.

The apex court has asked parties to file written submissions in support of their claim in the matter by 20 July.

Another Intervenor Argues Reading Down Section 377 Will "Destroy Marriage"

Another intervenor claims that reading down 377 will destroy the institution of marriage because this would allow married people to have homosexual relations as well. It can only be possible for unmarried couples, if at all, he says.

Homosexuals Spread HIV and Other Diseases, Says Pro-Section 377 Lawyer

Radhakrishnan has now argued that homosexuality leads to "spreading HIV and other diseases". He claims there is a report of the American Psychiatrists Association which says that homosexuals spread AIDS. Menaka Guruswamy demonstrates this is fake.

#Section377 : Guruswamy has shown Radhakrishnan had attached another document from a random website to the APA report to make his point. Justice Nariman admonishes Radhakrishnan: "When you remove credibility, you are left with incredibility" @TheQuint

— Vakasha Sachdev (@VakashaS) July 17, 2018

Post-Lunch Hearing Begins

The SC has resumed hearing petitions challenging the validity of Section 377. The court is still hearing pro-section 377 arguments. Now, K Radhakrishnan, representing an NGO which claims to support and guide "pro life movements in India", is presenting his arguments. Radhakrishnan also says that an 11-judge bench should hear the case so that it’s not bound by the privacy judgment.