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!”.
Another lawyer launched into a monologue on what parts of the body were reproductive and should be used for sex only to have the Chief Justice curtly respond – “That’s not the issue”.
Yet another said the case required public consultation to which he was reminded that the court does not follow public morality, it is instead guided by constitutional morality; not the changing whims and fancies of public opinion, but instead values rooted in the Constitution.
