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Discover and read the best of Twitter Threads about #section377

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#Section377 Day 4 : Adv. Manoj George, representing two Christian Associations, starts arguments in support of #Section377 IPC
He submits that there is intelligible differentia in #Section377 as classification is based on whether carnal intercourse against "order of nature" or not
Justice Nariman asks Adv George whether all sexual activities which do not lead to procreation should be treated as "against order of nature". #Section377 #LGBTQ #section377ipc
Read 36 tweets
#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
Read 44 tweets
#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
Read 56 tweets
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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
Read 53 tweets
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)
Read 5 tweets
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!”.
Read 5 tweets
1. Today’s #Section377 #PublicHealthHistory thread is about one of India’s first gay rights champion: Siddhartha Gautam (accd to me he's the first)
2. Gautam got involved in the gay rights activism in the US when he went there to study Yale in 1989.

He cofounded ABVA when he came back & published an outlandish pamphlet, which I still find full tilt mental in audacity- Less Than Gay 👇
sacw.net/article10497.h…
3. He came back & set up ABVA – which was the first to petition the court to scrap #Section377. ABVA also successfully got Narasimha Rao’s govt to stall the draconian AIDS prevention Bill, 1989
Read 8 tweets
#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
Read 37 tweets
Day 3 of #Section377 hearing: Live Updates from the Supreme Court barandbench.com/day-3-section-…
#Section377: Bench assembles, Day 3 hearing commences. #LGBT #SupremeCourt
#Section377: #ShyamDivan resumes his submissions, arguing on positive dimension of Article 14. #LGBT #SupremeCourt
Read 51 tweets
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
Read 43 tweets
#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.
Read 40 tweets
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.
Read 9 tweets
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
1/n
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
2/n
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
Read 4 tweets
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
Read 56 tweets
#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
Day 2, #Section377 hearing will begin shortly.
#Section377 UOI, Adv Tushar Mehta began by submitting that the UOI will not contest and leave the Constitutional validity of consensual sex on the Bench.
#Section377 TM: submitted that the center acknowledges J. CJ understanding that right to choose your partner is a FR.
J. Chandrachud clarified that right to choose your partner is a FR, however in the matter of LGBTQ community, it’s not a matter of choice but it’s innate.
Read 66 tweets
Today's #Section377 hearing at the Supreme Court was empathetic and invigorating, a far cry from the 2012 hearings that reduced the LGBT community to a series of acts, then refused to provide any kind of safeguards against state abuse because who after all was targeted? (Thread)
In the Koushal Court in 2012 , the two judges constantly interrupted counsel with outright irrelevant digressions on what constituted "carnal intercourse against the order of nature", the fig leaf of a phrase that targets LGBT persons under section 377 #Section377
Today, instead, there were many minutes of humdrum monologue, that bordered on boredom, as the lawyers submitted their arguments at length, as the affirmative words of Naz Foundation, Lawrence and Puttaswamy were spoken unchallenged in a court of law. #Section377
Read 6 tweets
#Section377 DYC,J to Rohatgi: "When you are referring to gender and not just the orientation, then the rights which emanate from it are much larger than those related to sexual orientation."
#Section377 - ASG says the petitioners should confine their arguments only to 377 and not more.
#Section377 DYC,J says declaration of rights should not only mean sexual orientation.
Read 41 tweets
1. As we get ready to celebrate a huge civil rights victory for LGBTQ community in #India, here is a short thread on the people who sowed the seeds for this day… so we know who to thank #PublicHealthHistory #HIVMovement #Section377
2. In 2002, some 30-odd health workers from Naz Foundation were picked up by cops for counselling gay men. They were booked under #Section377 & obscenity laws. They remained in jail for over a month for basically telling gay men to use condoms! #HIVHistory #India
3. This was also the time of global panic about the HIV epidemic. #Cipla was yet to start rolling out low cost generic anti reterovirals.. so.. prevention was the only intervention. #Section377 #HIVHistory #India
Read 10 tweets
#Section377: Constitution Bench of CJI Dipak Misra, Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra sits; Hearing commences. #SupremeCourt
Advocate Manoj George seeks listing of curative petition along with the current writ petitions.

Sr. Adv. Mukul Rohatgi opposes - scope is different, Bench is different, says Rohatgi.

#Section377 #SupremeCourt
Court says curative cannot be listed along with the current petitions but says they (the litigants who mentioned for listing of curative petition) can file intervention in the current matter.
Read 41 tweets
Day 1: Hearing for the constitutionality of #Section377 will begin shortly. #LGBTQI @TheDeltaApp
One of the the petitioners said "In the previous round there were a couple of curative petitions. Let those matters be heard along with this petition" #Section377 #LGBTQI @TheDeltaApp
Rights protected under Article 21, asking for protection. Principal question - correctness of the existing judgment. - Sr. Adv Mukul Rahotgi #Section377 #LGBTQ @TheDeltaApp
Read 35 tweets
1. #TimesUp for #Section377!
Today the Supreme Court will begin historic hearings on what kind of #SexualExpression consenting adult Indians can have, whether the court can decide for us what "unnatural sex" is & to what extent the courts can penetrate our sense of self.
2. Section377 criminalizes "unnatural sex," idea being that the only "natural sex" is that b/w man & woman, involving penile-vaginal-penetration.

These are the 64 damned words which have been the cause for so much repression of India's sexual minorities
indiankanoon.org/doc/1836974/
3. Section377 prescribes life imprisonment as the punishment for acts of sex which the state has decided are "unnatural." 😱

This repression is not becoming of a 21st century democracy. Section377 must go!
indiankanoon.org/doc/1836974/
Read 15 tweets
We will be live tweeting the Supreme Court proceedings on petitions challenging the constitutionality of #Section377 starting tomorrow. You may catch all our tweets at @SFLCin. Here is a short message from us and Ishan @TheDeltaApp about the impending proceedings. #LGBTQI
The Constitution Bench comprising of - CJI Dipak Misra, J. RF Nariman, J. Khanwilkar, J. DY. Chandrachud & J. Indu Malhotra will be hearing the matter in the CJI's court. #Section377 #LGBTQI @TheDeltaApp
The Bench will be hearing 6 petitions clubbed together, they are as follows: Navtej Singh Johar v. UOI, Akkai Padmashali v. UOI, Keshav Suri v. UOI, Arif Jafar v. UOI, Ashok Rao Kavi & Ors. v. UOI and Anwesh Pokkuluri & Ors. v. UOI. #Section377 #LGBTQI @TheDeltaApp
Read 4 tweets
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