Section 377

Court will solve the Enigma of 377 not Government


The government did not choose to take sides on the question of legality of Section 377 IPC, a condition which criminalises homosexuality, leaving the decision entirely on the Supreme Court. The government has shown an egalitarian gesture on issue of 377, final verdict will be decided by Court.

“ We leave the issue of homosexuality to the insight of the court,’’ Additional Solicitor –General tushar Mehta told a Constitution bench led by Chief Justice Dipak Mishra on Wednesday.

“Simply, my choice of cohort should not be my sister that is prohibited under the Hindu Marriage law. Allowing the choice of partner should not extend to incest, sado-masochism,’’ Mr.Mehta said.

 In a rhetoric voice, Justice D.y Chandrachud said that Bench is not here to give a ruling on any kinky ideas. Justice Chandrachud inscribed Mr.Mehta to say that the right of this hearing was to understand the dimension of a relationship which the couple carries and bring it under the shield of Article 21 (fundamental right to life) of the constitution. Justice Rohinton Nariman intervened to observe that bench was delving into the content of the fundamental right. Chief Justice Misra said the court is considering the issue of “protecting the relationship.”

He said the court was not confining its scope merely to LGBTQ or sexual orientation. It is examining the characteristic of two consenting adults who should not be liable for criminal action for their relationship.

“Mr. Mehta, we are not even on the sexual act. We are examining whether the relationship between two consenting adults is itself a demonstration of Article 21. We are on the nature of the relationship and not going to talk on marriage, etc,” Justice Chandrachud explained. “It must not come to a circumstances where two homosexuals men or women are walking on the streets are disturbed by the Police. We Want police to protect relationships,’’ Justice Chandrachud observed.



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