Thursday, 13 December, 2018

Justices won't step into MS gay rights legal fight

An LGBT activist at the 16th Kolkata Rainbow pride walk 2017 in South Kolkata An LGBT activist at the 16th Kolkata Rainbow pride walk 2017 in South Kolkata
Andrew Cummings | 09 January, 2018, 02:07

Chapter XVI, Section 377 of the IPC criminalises all those sexual activities that are "against the order of nature" including the homosexual sexual activities and consider them the "unnatural offences".

The bench comprising of Supreme Court Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said, "societal morality changes with time, law walks with life".

The U.S. Supreme Court left intact a MS law that lets businesses and government workers refuse on religious grounds to provide services to gay and transgender people. The court provided a big boost to the LGBT community by declaring that the 2014 order, which annulled a Delhi High Court verdict decriminalizing gay sex between consenting adults was gravely erroneous. "Any decision that the Supreme Court takes in sync with the jurisprudential developments on gay rights the world over would be welcome", BJP spokesperson GVL Narsimha Rao said.

Mississippi's law was one of a series of measures proposed in socially conservative, Republican-dominated states that gay rights advocates viewed as an attempt to undermine the High Court's gay marriage ruling. Unfortunately, the Supreme Court's decision today leaves LGBT people in MS in the crosshairs of hate and humiliation, delaying justice and equality. I would like to bring it to the fore that the American psychiatric association, the Indian psychiatric association and the world health organisation have de-listed homosexuality from the list of mental disorders and if my nation respects people for who they are, the nation also needs to remember that my sexuality is an integral part of who I am.

Salve was quoted by ANI as saying, " Section 377 is dead after the nine-judge bench which has said all these are dimensions of Right to Privacy.

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The matter will now be referred to a larger bench to reexamine the Constitutional validity of Section 377. It was stated that the protection of sexual orientation lies at the core of the fundamental rights. "We hope that the Supreme Court will reverse its own unfortunate judgment earlier", Brinda Karat told the English daily.

Alliance Defending Freedom, a nonprofit organization that is part of the legal team representing Gov. Phil Bryant in the cases, argued that the MS law had been misinterpreted.

SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI.

He said the law's only objective was guaranteeing "that Mississippians don't live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union".

The Supreme Court did not state why it did not take up the case. It also asked to include them in the OBC quota.

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