Constitutional validity of Section 377: SC reserves verdict
New Delhi, July 17: The Supreme Court has reserved orders in the case relating to the constitutional validity of the Section 377 of the Indian Penal Code. The court reserved orders after hearing the matter at length.
Hearing on the matter commenced at the court today after the case had been adjourned last week.
Chief Justice of India, Dipak Misra said during the course of the hearing that if Section 377 goes away entirely, there will be anarchy. We are solely on consensual acts between man-man or man-woman. You cannot impose your sexual orientation on others without their consent, the court also said.
The whole object of fundamental rights is to give court power to strike down laws which a majoritarian government, swung by votes, will not touch. We don't wait for majoritarian governments to strike down the offending law. They may enact, repeal, do whatever they want, the Bench said.