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Historical judgment of the Supreme Court, homosexuality is no crime now

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06 Sep : News Express 24 :-

Creating homosexual relations between two adults in India is no longer a crime. The constitutional bench of the Supreme Court headed by Chief Justice Deepak Mishra has on Thursday discontinued gay relations with consent between two adults, Section 377 The Supreme Court has said that Section 377 has been declared arbitrary and to honor the personal election. Let the court decide on July 17 after hearing the 4-day hearing on the apex court.

Let us say that Navtej Singh Johar, Sunil Mehra, Aman Nath, Ritu Dalmia and Ayesha Kapoor had filed a petition and sought the Supreme Court to reconsider their decision.

After the decision to exclude adult homosexuality from Section 377, people of LGBT community were pleased in many states.

After the Supreme Court’s decision, people of LGBT community are celebrating.

-Jajas said that society should be free from prejudices. Every rainbow should find rainbow. It is noteworthy that the rainbow flag is a symbol of the LGBT community. The Supreme Court has said Section 377 of the IPC arbitrary.

Chief Judge Deepak Mishra and Justice AM Khanwilkar said that the relationship between people of the same gender will not come under section 377.

-Bench believed that homosexuality is no longer a crime. People will have to change their thinking

-General people have the right to live with dignity

-I am what I am. So, as I am, it should be accepted in the same way – Deepak Mishra

Nobody can escape his personality. Society is now better for personalities. In our current situation our discussions look at different aspects.

There are four different opinions on this issue – Justice Deepak Mishra

– The bench has sat on 377

-5 Judges’ bench will read 4 different decisions

-Fullcourt reference ended After 11.30am, the bench will sit again, then the decision will come.

The Supreme Court’s decision will be delayed at -377. The bench will sit at 11.15. FullCort Reference to pay tribute to two dead senior advocate today.

-11.00AM may come after the decision

Significantly, the Constitutional Bench of Chief Justice Deepak Mishra, Justice Rohinton Nariman, AM Khanwilkar, DY Chandchud and Justice Indu Malhotra decide on this matter. The hearing on the petitions challenging the constitutional validity of Article 377 of the IPC in the apex court itself was completed in July. After the hearing, the court had reserved the decision.

The five-member Constitution Bench, headed by Chief Justice Deepak Mishra, started hearing on July 10, on the grounds of gay sex in the category of crime, and after the four-day hearing, the court reserved the verdict.

The bench asked all the parties to present written arguments in support of their claims till July 20. It was hoped that the matter is likely to come before October 2 as Chief Justice Deepak Misra is retiring on that day.

What is in section 377?

Section 377 describes the ‘unnatural sexual relations’ as a crime. According to this, whoever commits sexual relations with any man, woman or animal, in accordance with the law of nature, can be sentenced to life imprisonment or imprisonment for ten years or fine.

Different petitions were filed in the Supreme Court of the Supreme Court against this arrangement. Under these petitions, the consent of the two adults to declare gay sexual relations under section 377 of the offense was declared illegal and unconstitutional.

This issue was first raised by the NGO Foundation in the Delhi High Court in 2001. With the consent of the High Court, it was declared illegal in 2009 by the consent of the two adults excluding the gay relationship from the category of crime.

Reject the High Court’s decision

Although the Supreme Court canceled the said High Court order in 2013. The Supreme Court also dismissed the petitions filed for reconsideration of its decision. After this, corrective pleas have been filed which is still pending in the court.

On the issue on July 10, the hearing was made by the Constitution Bench that it will not consider corrective petitions but only in case the new petitions will be seen.

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