Current Affairs of 9 Jan 2018
Keshav Kishore, Published On:09-Jan-2018
1. Section 377 is to be debated again in the Apex Court
• Sec. 377 of the Indian Penal Code, 1860 criminalizes homosexuality.
• The Supreme Court is agreed to revisit its verdict on homosexuality which it gave on December 11, 2013.
• In the verdict of 2013 the Supreme Court set aside Delhi High Court order decriminalizing gay sex.
• The decision of revisit was taken by a three-judge Bench, led by Chief Justice of India Dipak Mishra after a writ petition filed by five gay and lesbian members of the LGBT community to strike down the colonial Section 377 of the Penal Code.
• The Court has admitted to concern the right to follow the natural sexual inclination of an individual and any community cannot live in fear of law which derogates their right of such natural inclination.
• The previous verdict came after the ruling on Suresh Kumar Koushal vs NAZ foundation case.
• The court observed that the issue arising out of Section 377 of the IPC is required to be debated upon by a larger bench and law has to change pace with time a section of people cannot live in fear of law that criminalizes their sexual orientation.
• This revisit arises out of landmark ruling on Aug 24, 2017, declaring individual privacy a fundamental right.
• The Court Clarified “Sexual Orientation is an essential attribute to privacy” and further added “Societal morality also changes from age to age”.
• These new statements may lead to repeal of Section 377 of IPC which uses the phraseology “carnal intercourse against the order of nature”.
Source: The Hindu, The Indian Express