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SC legalises gay sex, partially strikes down Sec 377

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New Delhi, Sep 6: In a landmark verdict, the Supreme Court has partially struck down Section 377 of the Indian Penal Code. Observing that the section was unconstitutional the five judge Bench held that Section 377 is irrational, indefensible and manifestly arbitrary.

Section 377 verdict LIVE: Judgment to be delivered anytime now

Section 377 verdict: Know the Supreme Court Bench

Delivering a unanimous verdict the court said Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community. LGBT community possesses same equality as other citizens, the Bench held.

Section 377 verdict by SC today: All you need to know

Stay tuned with us for all the updates from the Supreme Court LIVE:

Newest First Oldest First
11:59 AM, 6 Sep
Section 377 will not be applicable to same sex acts between homo-sexuals, hetero-sexuals and lesbians. Section 377 would however be applicable to bestiality and sexual acts without consent by one of them.
11:57 AM, 6 Sep
It is no longer an offence under Section 377 for LGBT community to engage in consensual sex in private.
11:57 AM, 6 Sep
SC says consensual sex between adults in private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice. SC partially strikes down Section 377.
11:51 AM, 6 Sep
Right to privacy as part of right life applies fully to LGBT community: CJI
11:49 AM, 6 Sep
Social morality cannot violate the rights of even one single individual says CJI
11:49 AM, 6 Sep
The view taken in the Suresh Koushal judgment is impermissible says SC
11:48 AM, 6 Sep
In all there are four opinions. All the judgments are concurrent.
11:47 AM, 6 Sep
The Suresh Koushal judgment has been overturned.
11:46 AM, 6 Sep
LGBT community possesses same equality as other citizens.
11:45 AM, 6 Sep
CJI says section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community.
11:45 AM, 6 Sep
A five-judge SC bench by unanimous decision decriminalises Section 377 making gay sex legal. CJI Dipak Misra and Justice A M Khanwilkar pronounce the first judgment saying consensual sexual relation between same gender adults in private does not fall foul of section 377 IPC.
11:45 AM, 6 Sep
SC says that Section 377 is irrational, indefensible and manifestly arbitrary
11:41 AM, 6 Sep
Denial of self-expression is like death, CJI
11:41 AM, 6 Sep
No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums- CJI Dipak Misra
11:39 AM, 6 Sep
It is a unanimous verdict expressed through four separate by concurring judgments says CJI
11:39 AM, 6 Sep
All concurring judgments, four opinions say CJI
11:37 AM, 6 Sep
Judges have arrived at the court.Verdict shortly
11:35 AM, 6 Sep
Scores of activists and students have gathered outside the Supreme Court.
11:21 AM, 6 Sep
The full court reference has concluded. The judges will re-assemble at 11.30, following which the verdict will be pronounced.
11:14 AM, 6 Sep
Section 377: A timeline: In July 2009, the Delhi HC had decriminalised homosexuality among consenting adults after finding that it violated Article 14, 15 and 21 of the Constitution. At the time, the HC was hearing a petition filed by NGO Naz Foundation. The government had argued that homosexuality comprises only 0.3 per cent of the population, and therefore the rights of over 99 per cent cannot be compromised. The verdict, however, was struck down by a two-judge bench of the Supreme Court in December 2013. The top court, finding that the HC's judgment was "legally unsustainable", decriminalised gay sex. The SC also left it to Parliament to consider deleting the provision from the IPC. A review petition filed by Naz Foundation was quashed. In January riding on the court’s verdict on fundamental rights, a petition challenging the section was filed.
11:12 AM, 6 Sep
Section 377 in a nutshell: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
11:12 AM, 6 Sep
The petitions were opposed by the Apostolic Alliance of Churches and Utkal Christian Association. Individuals like Suresh Kumar Kaushal too had opposed the petitions. The Bench had said that it would not go into the curative petitions and would adjudicate fresh on the matter.
10:59 AM, 6 Sep
Before reserving the verdict, the Bench had said, “we are solely on consensual acts between man-man, man-woman. Consent is the fulcrum here. You cannot impose your sexual orientation on others without their consent," the top court had said while allaying apprehensions of those opposed to the decriminalisation of the penal provision. "We would not wait for the majoritarian government to enact, amend or not to enact any law to deal with violations of fundamental rights.”
10:58 AM, 6 Sep
The Full Court reference is for late G V Bharuka and V A Mohta. The verdict will be delivered once the reference is over.
10:24 AM, 6 Sep
The verdict will be delivered by around 11.15 am as there is a full court reference in memory of two senior advocates.
10:21 AM, 6 Sep
The verdict is likely to be delivered by 11 am. There has been a slight delay. The verdict was to be delivered by 10.30 am.
9:52 AM, 6 Sep
During the hearing the Centre has said that it would leave the question to the Supreme Court’s wisdom. The government had also said that it would not contest the petitioner on consensual sex, but added that incest and bestiality be kept away from deliberation.
9:16 AM, 6 Sep
Justice A M Khanwilkar not penning a separate judgment.
9:14 AM, 6 Sep
Chief Justice of India Dipak Misra, Justices RF Nariman, DY Chandrachud and Indu Malhotra will be penning separate judgments.
9:00 AM, 6 Sep
The CJI and Justice Chandrachud have listed to give separate judgments for the Constitution Bench. Two other judges too are expected to deliver separate verdicts.
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