"The SC asks the center to respond to the petition to recognise the constitutional force of the “colonial-era”

Supreme Court of India

Singh Johar & Ors. v. Union of India thr. Secretary Ministry of Law and Justice is a landmark decision of the Supreme Court of India in 2018 that decriminalised all consensual sex among adults, including homosexual sex.

 

The court was asked, among other things, to check the constitutionality of Article 377 of the Indian Penal Code, which qualifies homosexual acts as an “unnatural crime”. The law criminalizes all anal and oral sex, including between heterosexual couples, but mainly affects same-sex relationships.  On September 6, 2018, a court unanimously declared the law unconstitutional "as it punishes consensual sexual relations between persons of the same sex."  The decision was seen as a landmark decision on LGBT rights in India, and activists waited in court to approve the decision. 

 

BACKGROUND

On April 27, 2016, five people filed a new motion with the Supreme Court regarding the constitutionality of Article 377 of the Indian Penal Code. The applicants argued that the issues raised in the petition were different from those raised in the pending medical application in the Koushal v Naz case in 2013, when the Supreme Court upheld the constitutionality of Article 377 for review. The applicants were dancer Navtej Singh Johar, journalist Sunil Mehra, chef Ritu Dalmiya, hotel owners Aman Nat and Keshav Suri and businessman Ayush Kapoor.

 

This is the first case in which the plaintiffs argue that Article 377 is a direct violation of fundamental rights and directly harms everyone. The fight against the petition for decriminalization was led by the Apostolic Alliance of Churches, the Christian Council of Utkal and the Ministries of Trust in God, the first two were represented by Attorney Manoj George, and the third by Chief Attorney K.S. Radhakrishnan. The NDA government took a neutral position, leaving the decision to "discretion of the court" regarding "adult consent by private individuals."

 

TRAIL IN THE COURT

 

The petition was first placed before the former Chief Justice of India, Justice S. A. Bobde and Justice A. K. Bhushan on 29 June 2016. An order was passed to post the matter before Justice Dipak Misra for appropriate orders since a curative petition was already pending before the constitution bench.[9][10] On 8 January 2018, the case (Navtej Singh Johar and others v. Union of India) was listed to be heard by the Chief Justice's bench, which passed an order stating that the case would be heard by a constitution bench.

 

This issue was discussed on January 17, 2018 at the Constitutional Commission of five judges of the Supreme Court.  On July 10, 2018, Pleas began hearings on the constitutionality of Article 377. The court concluded the proceedings on July 17 and upheld the decision, asking both parties to submit it in writing by July 20. their requirements.

 

JUDGEMENT:

On 6 September 2018, the court delivered its unanimous verdict, declaring portions of the law relating to consensual sexual acts between adults unconstitutional.This decision overturns the 2013 ruling in Suresh Kumar Koushal v. Naz Foundation in which the court upheld the law.However, other portions of Section 377 relating to sex with minors, non-consensual sexual acts, and bestiality remain in force.

The court found that the criminalisation of sexual acts between consenting adults violated the right to equality guaranteed by the Constitution of India. While reading the judgment, Chief Justice Misra pronounced that the court found "criminalising carnal intercourse" to be "irrational, arbitrary and manifestly unconstitutional". The court ruled that LGBT people in India are entitled to all constitutional rights, including the liberties protected by the Constitution of India.[21] It held that "the choice of whom to partner, the ability to find fulfilment in sexual intimacies and the right not to be subjected to discriminatory behaviour are intrinsic to the constitutional protection of sexual orientation". The judgement also made note that LGBT community is entitled to equal citizenship and protection under law, without discrimination.

More

SPORTS

Suresh Raina names the 3 selective teams that will result in a “Big” threat for India in t20 worldcup 2021.

Suresh Raina has picked up the names of the three giants who could lead to serious trouble for the Indians during the T20 tournament. Raina has taken...

India v England canceled Manchester's fifth test, postponed to July 2022 in Edgbaston

The fifth test match between India and England in Manchester, which has been postponed indefinitely, is now set to take place in July 2022, the Englan...

States & UTs

Around 700 people have been detected ahead of Amit Shah’s visit.

Srinagar: due to the result of the Post-Civilian killings and in the days running up regarding the visit of Union Minister Amit Shah in Srinagar durin...

Samir Wankhede to take legal action against Nawab Malik, on extortion allegations

Mumbai: NCB officer was asked whether he would take any legal action against the NCP leader Nawab Malik. And the allegations that were made by him, th...

POLITICS

Why did the farmers' union decide to suspend Yogendra Yadav for a month?

The activist, who's a member of the Samyukt Kisan Morcha, has been requested now not to take par...

Yogi Adityanath: Umar Khalid’s father hatching conspiracy with Akhilesh

Uttar Pradesh Chief Minister Yogi Adityanath on Thursday, 21 October, commented on a latest assembly...

ENTERTAINMENT

Mumbai: Cinema halls, auditoriums, amusement parks to reopen today

After reopening the faculties and colleges, the Maharashtra authorities are prepared to permit the c...

The court rejects the plea of Kangana Ranaut to shift the case to another judge, “Judge threatens arrest warrant.”

Mumbai: The Additional Chief Metropolitan magistrate ST Dande on Thursday rejected the request and t...

About

The Live Newz is an independent, budding and online news portal that came into existence recently. Our mission is to create and deliver the finest news for the readers. We act as a cutting-edge platform that provides the users with every update on recent happenings. We aspire to be true to the journalistic values and maintain the standard of its excellence by presenting the truth to the readers.