1/ Someone asked me why I'm celebrating #Section377 as a Pakistani. It's because in a world that hates us, queer south asians have never had a voice. We face debilitating oppression from the outside world and from within our own communities. [THREAD]
2/ Our solidarity crosses borders
In India, Bangladesh and Pakistan, even among liberal families we are pressured into keeping our sexuality subdued and our opinions silent.
3/ We are pressured into accepting a way of life that isn't truly representative of who we are and what we believe in.
I'm thrilled that India has finally repealed the colonial-era law criminalizing gay sex, a law imposed by the British during imperial rule. Today, one fifth of the world's population was just freed from this homophobic legal relic. 🏳️🌈 🇮🇳 hindustantimes.com/india-news/on-…
The social and legal status of LGBTQ people in India is incredibly complicated and nuanced - so, naturally, it's often misunderstood by people in the US and Europe.
In addition to being absolutely massive - larger than the US and Europe combined - India is a very heterogeneous society, so it's impossible to describe it all at once. A country of one billion people cannot be discussed as a monolith.
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.
#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
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)
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!”.
#Section377 Day 3 Session 1 : Shyam Divan, Senior Advocate, has resumed arguments. He is appearing for intervenor "Voices Against 377" #LGBTQ
Divan emphasises on positive dimension of Article 14, states that it includes 'equal protection of law'. Refers to Justice Nariman's judgment in Triple Talaq case case to highlight 'equal protection of law'
Divan bats for "Right to Intimacy" quoting from South African Constitutional Court that right to privacy covers right to maintain intimate relations unaffected by law #Section377#Sec377IPC
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.
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 #Section377
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
ASG Thushar Mehta submits that Union of India will leave the matter of constitutionality of #Section377 to be decided by the Court. #Sec377#LGBTQ
ASG further submits that the practises like incest should not be promoted. CJI allays such apprehensions by retorting that such relationships are void under law
CJI states that Court is considering only the issue whether homosexual practises should be treated as a crime. ASG replies that Union of India leaves this issue to the wisdom of the Court, but if the Court is considering larger issues Union of India will file detailed statement