Supreme Court Decision: Homosexuality is no crime, know 10 things
A five-judge bench of the Supreme Court, headed by Chief Justice Deepak Mishra, has terminated homophobia for the crime of homosexuality. After that, homosexuality will no longer be considered a crime. The court reserved the judgment on this issue in July. Let’s know the ten things related to it-
1-Supreme Court reversed the Delhi High Court verdict in 2013, restoring Section 377 The High Court lightened Section 377 on the petition of the Naz Foundation in 2009.
In the 2-Supreme Court, several review petitions were filed against this decision, which were later converted into writ petitions and the matter was handed over to the Constitution Bench.
The constitution bench of the 3-five judges will decide whether the sexual relationship created by two adults will come under the purview of crime. The Constitution bench includes Chief Justice Deepak Mishra, Justice Rohinton Nariman, Justice AM Khanvilkar, Justice DC Chandrachud and Justice Indu Malhotra.
4-In the beginning, the Constitution bench had said that he would examine whether the fundamental right to live included ‘right to freedom of sex’, especially after the 9-judge bench’s decision that ‘right to privacy’ is a fundamental right .
5-Earlier, on July 17, the five-member constitution, headed by Chief Justice Deepak Mishra, had reserved its decision on the petitions challenging the validity of section 377, making it clear that this law would not be completely abrogated.
The 6-court had said that it would be restricted to sexual relations made by consent of two gay adults. The bench said that if Section-377 was completely dismissed, then the situation of anarchy could arise. We are considering sexual relationships made by consent of only two gay adults. Consensus here is the key point.
The 7-bench said that you can not impose your sexual inclination without the consent of others. The bench also said that if any law violates fundamental rights, then we can not wait for a majority government’s decision to amend or cancel the law.
The 8-bench said, “The fundamental right to the right is that it gives the right to cancel the court. We can not wait to repeal the law by a majority government. If the law is unconstitutional then it is the duty of the court to abrogate that law.
9-Before this, the Supreme Court on December 11, 2013, considered the homosexuality a crime while reversing the Delhi High Court verdict in the case of Suresh Kumar Kaushal vs. Naz Foundation.
On July 10, 2009, the Delhi High Court declared Article 377 as unconstitutional. In this case, the rejection petition was rejected and the case is currently pending in the curative benches in front of five judges.