Discover and read the best of Twitter Threads about #Section377

Most recents (24)

Many years ago, after watching the movie Aligarh, I began a wild goose chase to find the book of poetry by the movie's protagonist: Professor Ramchandra Siras.⁣

A Thread.
Siras' poetry was an integral part of the movie. Having taught Marathi at Aligarh Muslim University, the soft-spoken professor had published an anthology titled "Payakhali Hirval," often translated as "Grass Beneath My Feet."⁣
Those who have seen the film will know that Siras was outed against his wishes by goons who filmed him in bed with another man. You will also know that the humiliation that followed and the university's refusal to stand behind him led to Siras taking his own life on 8 April 2010.
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Defending the decision to have a 9-judge bench to hear #Faith Vs #RightToPray, SG Tushar Mehta cites #Section377 matter.
He points out how #SupremeCourt, in 2 judgments on Right to Privacy & in Navtej Johar case, overruled the views of a 2-judge bench in a distinct case, Naz Foun
The #SupremeCourt is today dealing with the issue whether the issue could have been referred to the 9-judge bench while deciding a review petition.

Mehta says justice is important, not the technicalities & that this court has done it in the past as well.

#Faith Vs #RightToPray
Sr adv Fali S Nariman oppose order of reference in the #Sabrimala review case. He says scope of a review petition is very limited & that it can't mean continuation of the original proceedings. Nariman adds then #CJI Gogoi's order wasn't an administrative order but a judicial one
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A nine-Judge Constitution Bench of the Supreme Court will begin hearing today arguments on the issue of whether questions of law can be referred by the Court to a larger Bench in a review petition.

This Constitution Bench was set up to decide questions pertaining to women's rights under Article 14 vis-a-vis Religious rights under Articles 25 and 26 that were referred to a larger Bench by in #Sabarimala review judgment.

The first issue, however, to be considered by this Nine-Judge Bench will be the scope of review jurisdiction vis-a-vis reference.

The question of scope of review jurisdiction was raised by Senior Counsel Fali Nariman and will now be taken up as the first issue to be considered.
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JB Dadachanji Memorial Debate

Topic: “Ideas like Constitutional Morality are subjective and widen scope for judicial discretion, delay and uncertainty in law"

For the Motion: SG Tushar Mehta, Sr. Adv. Salman Khrushid

Against the motion: ASG Pinky Anand, Sr. Adv. KV Viswanathan
Event hosted by ILA Pasrich & Company.

In attendance are Supreme Court judge, Madan B Lokur J., Sr. Advocates Fali Nariman, @IJaising.
Attorney General for India KK Venugopal will deliver Keynote Address on the topic 'Is Constitutional Morality’ a further tool in the armoury of the Supreme Court for expanding judicial review?'
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My dear Manu. Interesting "conversations" on ur TL appeared on mine n as a dear friend thought of sharing views wt a disclaimer of being neither an expert on Kerala history or Hindu theology or specifically #sabarimala. Open to b corrected (1/n)
1. I reckon u might hv mixed social evils such as dalit non-entry into temples n fundamental theology based on the sthalapuranam of #Sabarimala. Bhutanata upakhyanam doesn't forbid the former but states latter "will" of Deity to maintain naisthika or indefinite brahmacharya(2/n)
2. As part of nationwide reforms in Hindu society to allow dalits etc if these were done at #Sabarimala they didn't contravene it's fundamental character as espoused by the deity n as believed by His followers. (3/n)
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VICTORY for LGBTI+ rights, liberty and secularism! Gay sex is now lawful – again – in India, as the Supreme Court rules it's “indefensible and manifestly arbitrary” to include sex between consenting adults under the #Section377 law against "unnatural" sex.…
India's Raj-era law on "carnal intercourse against the order of nature" has long been used to persecute gay people. In 2009, the High Court said it did not apply to consenting adults. But religious groups objected and the Supreme Court effectively re-criminalized gay sex in 2013.
Now, prominent LGBT activists have had the decision reviewed and the Supreme Court has ruled that the unnatural sex provision is "indefensible and manifestly arbitrary", effectively re-legalizing gay sex!
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When I was 12, I kissed a girl for the first time. I didn’t know what it meant.
When I was 14, I self-harmed for the first time. I didn’t understand why I felt so alone and so different.
When I was 16, I held a girl’s hand for the first time. I wasn’t sure why my heart was beating so fast.
Read 20 tweets
A five-judge bench of the Supreme Court has unanimously passed a historic verdict decriminalising #Section377. A reading list:
#Section377 | From January 2014, @Suhrith on why the Supreme Court's decision in the Suresh Kumar Koushal case was profoundly anti-democratic.…
@suhrith #Section377 | From February 2016, an interview with Anjali Gopalan, the founder and executive director of the Naz Foundation…
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GOOD NEWS: India decriminalizes consensual same sex relations. Today is a good day for human rights in India!

#LoveWins Image
Love is a human right.

#LoveWins #Section377 Image
India celebrates this landmark judgement! 🌈🌈

Thanks to the tireless efforts of LGBTI activists and their lawyers, this human rights milestone is now a reality.

We salute you.
#LoveWins #Sections377
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Five-judge Constitution bench to assemble at 11:30 AM to pronounce judgment on the constitutional validity of section 377 of the IPC.

Bench has assembled.

All are concurring opinions.

CJI+ Justice Khanwilkar- no one can escape from their individuality. CJI cites John Mills. One defines oneself.
CJI+ Khanwilkar, J.- prejudice notions, social exclusion are still faced by individuals.

LGBT community posses same human rights, constitutional rights like any other individual. 377 is irrational, manifestly arbitrary and indefensible.
Read 29 tweets
What are the possible options before the #SupremeCourt? Maxamilist, lean maximalist, minimalist...
See our pre-judgement matrix #Section377 #SCObserver…
The 5-judge Bench assembled at 11.30 to announce its judgement on #Section377. #CJIDipakMisra is reading the judgement. There are four concurring opinions
#Section377 has been struck down. #CJI says, 'it is irrational and manifestly arbitrary'
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Out of the 5 judges who heard the challenge to #Section377, four will be giving separate opinions - CJI Misra, J. Nariman, J. Chandrachud and J. Indu Malhotra. J. Khanwilkar has concurred with one of the opinions.
Since there will be 4 judgments, we advise everyone following our tweets to not come to a conclusion till all 4 judges have given their opinions. We will be live tweeting as the judgments are delivered #Section377
#Section377 CJI - Khanwilakr have concurred. CJI has started - Sans identity the name only remains a plain factor. Emphasis is laid on the identity of a person. The sustenance of identity is the pillar of life.
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#Section377: Judgment by Supreme Court of India today post 11 am. Second pronouncement in less than five years. #GaySex
#Section377: Full court reference in honour of Justice Bharucha and Justice VA Mohta still in progress.

Judgment will be delivered after that.
#Section377: Full court reference concludes.

Court will re-assemble at 11.30 when the judgment will be pronounced.
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#Section377: Adv. Manoj George begins submissions for intevenors. #SupremeCourt #LGBT
#Section377: Manoj George is representing two Christian organisations. #LGBT #SupremeCourt
#Section377: In interpreting a statute, court should not add or delete words to the statute, Manoj George. #LGBT
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#Section377 day 4 of hearings to commence soon
Counsel for Apostolic Alliance of Churches & Utkal Christian Association continues his arguments
He submits that courts shouldn't add or delete words to the statute that are not expressly provided therein
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#Section377 Day 4: Hearing in section 377 matter will commence shortly. #LGBTQ @TheDeltaApp
#Section377 Day 4: The respondents submitted a written petition to the bench. #LGBTQ @TheDeltaApp
#Section377 Respondents state that the Yogyakarta principles are not a treaty or a law and it has no value. Nariman J. followed by saying that they apply to us as per the NALSA judgment of this court. #LGBTQ
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On a break from the Supreme Court's #Section377 hearings, a very unexpected barometer of change. (1/5)
Six years ago, as the hearings in Suresh Kumar Koushal began, I came out to my parents. They reacted with anger and sorrow, then took me to a psychiatrist who informed all of us that homosexuality was a mental disorder which he could cure with aggressive treatment. (2/5)
I stormed out of the doc's office, and their house. Something broke between myself and my parents that day, a rift that has gradually been broached over the years with my mother's gentle efforts. My father has maintained a silence on this front. (3/5)
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The third day of the #Section377 Constitution Bench hearing was a mix of pointed arguments from the lawyers arguing for decriminalization and horrific hate speech masquerading as submissions from the respondents who finally began their arguments. Thread on Respondents' arguments.
As with the 2012 hearings, there was little substance in what they actually had to say. Unlike the 2012 hearings, the judges did not allow these digressions to go on for long.
“How can we promote bestiality” began one lawyer, to which he was swiftly cut off by Justice Nariman – “Nobody has argued bestiality!”.
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Day 3 of #Section377 hearing: Live Updates from the Supreme Court…
#Section377: Bench assembles, Day 3 hearing commences. #LGBT #SupremeCourt
#Section377: #ShyamDivan resumes his submissions, arguing on positive dimension of Article 14. #LGBT #SupremeCourt
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Day3, #Section377 hearing will begin shortly. @TheDeltaApp #LGBTQ
#Section377 Sr. Adv. Shyam Divan continues on behalf of the petitioners. #LGBTQ @TheDeltaApp
#Section377 SD: Quoting Shaira Bano case states that, over emphasis on the doctrine of classification can harm the glory of Art. 14 (Equality). #LGBTQ
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#section377 Day 3- five judges Constitution bench to resume hearing at 11:30 AM.
#377IPC bench has assembled. Senior advocate Shyam Divan (SD) resumes his arguments.
SD says he would focus on positive dimensions of Article 14.
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Day 2 of the #Section377 Constitution Bench hearings also featured some of the most powerful court craft I have had the privilege of witnessing, courtesy @MenakaGuruswamy (Thread)
It wasn’t the fact that she was the first female lawyer to speak in a testosterone packed litigation (and courtroom), though that was crucial. It wasn’t the fact that she made it a point to address the sole female judge on the Bench time and again, though that was significant.
It was rather the sheer force of her arguments that seemed to rip through the tangles of legal discourse and force the Court to confront the human cost of this case.
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Day 2 of hearing on #Section377. Some statements that sum up today:
How strongly must we love to withstand the terrible wrongs of Suresh Kumar Koushal - @MenakaGuruswamy
Right to choose your partner is a fundamental right, however in case of LGBTQ community, it’s not a matter of choice but it’s innate - Justice Chandrachud
So far as the constitutional validity Section 377 to the extent it applies to “consensual acts of adults in private” is concerned, the Union of India would leave the said question to the wisdom of this Hon’ble Court - Affidavit by Union of India. #Section377
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#Section377: Day 2 hearing commences.
ASG Tushar Mehta says wont contest provision as regards consensual sex between adults and leaving it to the Bench, but seeks clarification on bestiality.
#Section377: ASG Tushar Mehta says won't contest provision as regards consensual sex between adults and leaving it to the Bench, but seeks clarification on bestiality. #LGBT
Read 60 tweets

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