#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.
SD is reading out concurring opinion in State of West Bengal v Anwar Ali Sarkar, 1952 SCR 284 Vivian Bose J. defined the scope of Article 14.
Positive content in Article 14 requires declaration that no person may be discriminated against with respect to education, housing, employment, health care, all facilities and utilities under Article 15(2) the basis of sexual orientation or gender identity. Says Divan.
SD says Mr. Gautam Bhan testifies to the fact that section 377 makes him feel “like a second class citizen in my own country.
SD reads out National Coalition for Gay and Lesbian Equality vs. Ministry for Justice.
SD now reading out from Lawrence v. Texas -
"..The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons".
"..The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons".
SD refers to Supreme Court Judgment in Hadiya case. He urges court to read Right to intimacy in Article 21 of the Constitution.
SD says Supreme Court as protector of fundamental rights ought not to have recriminalise same sex. SD finishes his submissions.
Senior Advocate C U Singh commences arguments for intervenor.
C U Singh hands over his written submissions to bench.
C U Singh says he will argue on the medical health aspect.
Indu Malhotra, J. says because of societal & family pressure LGBT community is finding it difficult to come out. This gives rise to bisexuality.
CJI after reading note of CU Singh says that he understands homosexuality isn't mental disorder but a natural orientation.
Indu Malhotra J. also says that even medical professionals don't maintain confidentiality.
C U Singh is reading out from Mental Healthcare Act, 2017.
CJI asks C U Singh to show any rules and regulations that deprive LGBT community from availing job opportunity. C U Singh says NO.
LGBT community face stigma because of criminality attached to their sexual orientation observes CJI.
#Section377 CJI again asks whether there any law, regulations or byelaw that disqualify homosexuals.
Menaka says no as such but Domestic Violence Act applies only about heterosexual marriage.
Menaka says no as such but Domestic Violence Act applies only about heterosexual marriage.
D Y Chandrachud says we created a society that discriminates LGBT.
Rohinton J. Asks C U Singh to refer to section 30 of Mental Healthcare Act. Rohinton J. termed this section as very innovative on the part of Parliament.
C U Singh says court needs to take affirmative actions to undo the discrimination done to LGBT community.
C U Singh refers to section 120 of Mental Healthcare Act which provides for overriding effect on other statutes.
C U Singh says court to do something positive to prohibits discrimination against LGBT community.
C U Singh concludes. Senior Advocate Ashok Desai commences arguments.
Ashok Desai is refering to a book and few articles.
#Section377 Ashok Desai refers to a book 'Same sex love in India'.
Ashok Desai is speaking on the LGBT community in context of different religions. #section377
#section377 Ashok Desai says even England has abolished it. In fact they rather apologised.
Ashok Desai refers to privacy & NALSA Judgments. On the issue of fraternity he refers to Supreme Court Judgment in Dr. Subhramanian Swamy case.
Ashok Desai says just because few people are convicted under #section377 is no ground to support this law.
Court needs to recognise concept of fraternity. LGBT community is humiliated very terribly. Says Ashok Desai.
Ashok Desai is citing various Judgments dealing with the value of "Fraternity".
Ashok Desai is now reading extracts from a book "Same Sex Love in India".
Ashok Desai handovers a book "I AM Divine" to bench.
Ashok Desai refers to an article on Gay rights and human rights published by The Hindu.
Ashok Desai concludes. Krishna Venugopal starts submissions for intervenor.
Krishna Venugopal says right to freedom of speech & expression and also the right to conscience is being offended by #section377
Bench rises for the lunch.
