Discover and read the best of Twitter Threads about #section377

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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?'
Read 57 tweets
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)
Read 19 tweets
#Section377 பத்தி படிச்சிட்டு இருக்கப்ப மனுஷனுக்கு ரொம்ப நெருக்கமான Chimpanzeesம் homosex வச்சுக்கும்ன்னு தெரியும் .

மனுஷன் Chimpanzees ah பாத்து தான் Homosex கத்துக்கிட்டான்னா ஒரு டவுட் இருந்துச்சு .
நான் ஏற்கனவே ஒருYoutube Video பாத்துருக்கேன் . ஒரு குரங்கு Blowjob பன்றத .

குரங்கு மட்டுமில்ல Grizzly bears , Lion , Bats ( வௌவால் ) இதுவும் தான் blowjob பண்ணும் .
சரி மனுஷன் Blowjob ah குரங்குகிட்ட தான் கத்துட்டு இருந்துருக்கானா வேற எப்பிடி இத கத்துகிட்டான்னு History of Blowjob பத்தி படிச்சா .
Read 24 tweets
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.
Read 14 tweets
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. 🏳️‍🌈 🇮🇳…
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.
Read 22 tweets
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…
Read 9 tweets
#Section377 : The Constitution Bench assembles for pronouncement of verdict
CJI says its a unanimous verdict expressed through four separate but concurring judgments
"#Section377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights"- CJI Misra's judgment #LGBT
Read 22 tweets

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'
Read 9 tweets
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.
Read 30 tweets
#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.
Read 35 tweets
#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 Chandrachud asks" what is the order of nature?" #Section377
Read 41 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
#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 👇…
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…
#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

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