On decriminalizing Section-377, Centre leaves judgment to 'wisdom of SC'
What's the story
On Tuesday, the Supreme Court began hearing plea on decriminalization of Section 377. While there are renewed hopes from these proceedings, there were many concerns about the Centre's position on it. In the latest development, the Centre has left the decision on the 'wisdom of Supreme Court', meaning it hasn't taken a stand against it or for it. Here are more details.
About
A brief introduction to the controversial Section 377
Section 377, introduced during colonial rule in 1861, criminalizes any sexual activity "against the order of nature", including anal sex, oral sex, penile penetration of "artificial orifices" and "penile-non-vaginal sexual acts". If convicted, a person can be imprisoned for life or for a term up to ten years, and a fine. About 200 people have been prosecuted under Section 377 till now.
The proceddings
What has happened in the court so far?
The apex court has indicated it might scrap Section 377 altogether. This draconian section of the Constitution criminalizes homosexuality and 'unnatural sex'. The CJI led constitution-bench said it will make a ruling based on arguments that two consenting adults shouldn't be prosecuted for engaging in 'unnatural sex'. If the apex court does abolish Section 377, members of LGBTQ community may contest elections too.
Details
Supreme Court affirms will not give judgement on civil rights
The Centre gave its opinion to the court through Additional Solicitor General Tushar Mehta. Mehta, however, requested the court to not give any judgement pertaining to civil rights of LGBTQ community, saying it would have far-reaching consequences. On Tuesday itself, the apex court had told petitioners it won't examine wider issues like marriage rights, inheritance etc., about the LGBTQ community.
Twitter Post
Meanwhile, justice Chandrachud makes a progressive statement
Chandrachud,J says it is unacceptable that two homosexual persons enjoying a walk along Marine Drive could be disturbed by police and charged under #Section377
— Live Law (@LiveLawIndia) July 11, 2018