Thread by @barandbench

#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.

#Section377 : "Ramifications of this case is not just on sexuality, it will have impact on how society looks at these people, about perception, about livelihood and jobs for such people", Mukul Rohatgi #SupremeCourt

#Section377 : "My argument is Suresh Kumar Kaushal is wrong; I will take you through Naz Foundation judgment of Delhi High Court, NALSA judgment of SC and Privacy judgment of SC", Mukul Rohatgi. #SupremeCourt

#Section377: Mukul Rohatgi says his case is made out strongly by Privacy judgment of Supreme Court. Aside from the Indian judgments, he will also place reliance on certain US precedents. #SupremeCourt

#Section377: "The issue of sexual orientation and gender are different; this case deals only with sexual orientation and has nothing to do with gender;

We are saying that this is not a matter of choice but it is something innate and we are born with it", Rohatgi

#SupremeCourt

#Section377: "It uses the word "order of nature"; What is this order? It is the Victorian morals of 1860s", Mukul Rohatgi. #SupremeCourt

#Section377 : "Our order is much older", says Rohatgi and points to Shikhandi in Mahabharata.

"This order itself is natural, is that your point?", Justice Rohinton Nariman.

"Yes", Rohatgi. #SupremeCourt

#Section377: Whether a pre-constitutional law not framed by our Parliament and which does not recognise the needs of our people remain, asks Rohatgi. #SupremeCourt

#Section377: "The effect of S. 377 in our country is mostly on men though it appears sex-neutral", Mukul Rohatgi. #SupremeCourt #LGBT

#Section377: "As society changes, values change; What is moral 160 years ago might not be moral today", Mukul Rohatgi. #LGBT #SupremeCourt

#Section377: "Mukul Rohatgi now explaining the provision; Even any sexual intercourse which is not vaginal-penal is hit by this provision", Rohatgi. #LGBT #SupremeCourt

#Section377: Mukul Rohatgi now dealing with Naz Foundation judgment of Delhi High Court.

"It is a well researched judgment by the then Chief Justice" #LGBT #SupremeCourt

#Section377: "Union of India did not file an appeal against the Delhi Hjudgment", Mukul Rohatgi.

ASG Tushar Mehta says "our stand is yet to be made".

"Thats alright. What I am saying os their stand is clear daylight since they also filed a review against SC judgment", Rohatgi.

#Section377: Rohatgi now referring to Maneka Gandhi, Kharak Singh, MP Sharma, Lawrence v. Texas.
#LGBT #SupremeCourt

#Section377: "We are not talking about gender, gay men and gay women don't call themselves something else, the issue is of orientation", Rohatgi.

#Section377: Question arises on legal status of same sex relationships and such couples.

ASG Tushar Mehta says hearing should be confined to Section 377 alone.

"Who are you to say what we should confine ourselves to", retorts Rohatgi.

#LGBT #SupremeCourt

#Section377: "In such a case we should be allowed to file our response", ASG Tushar Mehta.

#Section377: " Do not restrict it to S. 377, further directions are needed for protection of my life, property", Rohatgi.

"First let us get out of this mess of Naz Foundation/ Kaushal", CJI Dipak Misra.

"That is easy for me", says Rohatgi amidst peals of laughter.

#LGBT

#Section377: Bench convinces Rohatgi to argue on Section 377 alone for now. #LGBT #SupremeCourt

#Section377: Bench rises for lunch. Will be back post 2 pm. #LGBT

#Section377: Constitution Bench reassembles; hearing resumes. #LGBT #SupremeCourt

#Section377: Senior Advocate Arvind Datar begins his arguments for the petitioner. #LGBT

#Section377: Datar tracing history of how laws relating to homosexuality have changed across the world. #LGBT

#Section377: Sr. Adv. Arvind Datar begins his submissions for the petitioner. #LGBT

#Section377: 1860 Code was simply imposed on India and it did not represent even the will of the British Parliament, Arvind Datar. #LGBT

#Section377: Justice Chandrachud quizzing Datar on the impact of President's adaptation orders on the Constitutionality of laws. #LGBT

#Section377: "Is there any judgment of this court that pre-independence laws will not have benefit of presumption of Constitutionality", CJI Dipak Misra.

"No no", says Datar. #LGBT

#Section377: Datar explaining scope of Article 13.

CJI Dipak Misra and Rohinton Nariman J. in discussion.

#Section377: Chandrachud J. says Courts might not have same deference for pre-constitutional laws which they have for post-constitutional laws, due to absence of Parliamentary will. #LGBT #SupremeCourt

#Section377: The fact that Union of India did not choose to appeal against Delhi HC judgment is all the more reason for it to be struck down. #LGBT #SupremeCourt

#Section377: Section 377 criminalises a class of people; to say that it criminalises an act and not a class of people is not correct. #LGBT #SupremeCourt

#Section377: Justice Chandrachud says section 377 applies even to anal sex between man and woman, since it applies to any intercourse that is not penal-vaginal; in that respect strict classification is not there. #LGBT #SupremeCourt

#Section377: The object of penal code is to identify an offence and punish for the same so that it acts as a deterrant. But when it is a natural orientation, then how can it be an offence", asks Datar.

#Section377: Regarding Article 21, Datar argues that Puttuswamy judgment says privacy encompasses decisional autonomy. It is a natural corollary that sexual orientation is also covered by that.

#Section377: Arvind Datar now referring to case laws from various jurisdictions.

#Section377: Datar placing reliance on a judgment from Trinidad and Tobago.

#Section377: Datar cites the case of Jason Jones v. Attorney General of Trinidad and Tobago which had relied on Puttaswamy judgment of Indian Supreme Court to strike down laws criminalising consensual sex between men.

#Section377: Arvind Datar concludes, Saurav Kirpal begins submissions.

#Section377: Hearing concludes for the day.