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.
#Section377 CJI - Certain sections of our society have been living in shackles of exclusion. Have to vanquish prejudice and embrace inclusion and ensure equal rights. Prejudices are deeply ingrained in society.
#Section377 Majoritarian views and popular views cannot dictate constitutional rights. LGBT community possess human rights like all other sections of society. Equality is essence of constitution. 377 is arbitrary.
#Section377 CJI - We have to fester tolerance and peaceful coexistence, we have to respect them who they are and not ask them to be who they aren't.
#Section377 CJI - Leading a life without pretense. Freedom will be fulfilled where LGBT community possess equal rights.
#Section377 CJI - We must recognize the concept of identity. The core is self determination. The view of majoritarianism is constitutionally untainable. Our Constitution is a dynamic document. Primary objective of constitution - inclusive society and dynamic society.
#Section377 CJI - Morality cannot be martyred at the alter of social morality. Only Constitutional morality exists in our country.
#Section377 - CJI - Sexual orientation is one of many biological phenomenon. It is natural and no discrimination can exist. Any violation is against freedom of speech and expression.
#Section377 CJI - Autonomy is invidualistic, people in private can choose to share intimacy with individuals of their choice.
#Section377 CJI - Section 377 so far as it criminalizes same sex or heterosexual relationships is violative of the Constitution. Bestiality remains unconstitutional.
#Section377 Nariman - The NALSA judgment and the Puttuswamy judgment put the spanner into Koushals case.
#Section377 Nariman - Private acts of individuals is not the laws domain. He has discussed various case laws from other jurisdictions as well the Indian Supreme Court. Has quoted the NALSA judgment and Puttuswamy judgment.
#Section377 Nariman - Mental Healthcare Act has been discussed and recognition has happened even by the Parliament that homosexuality is not a mental disorder. He has also discussed Yogyakarta principles and they will directly apply here.
#Section377 Nariman - Homosexuals are entitled to live in dignity. 377 in so far as it criminalizes same sex intercourse is struck down.
#Section377 Chandrachud - Lethargy of law is manifst yet again. Charter of morality made homosexuals illegal. Civilization has been brutal. Law has imposed on LGBT community immorality. 377 exacts conformity on moral grounds.
#Section377 Chandrachud - Tragedy and anguish which 377 inflicts must be remedied. Democratic as it is - our Constitution allows dissent.
#Section377 Chandrachud - It is difficult to right a wrong by history. But we can set the course for the future. This case involves much more than decriminalizing homosexuality. It is about people wanting to live with dignity.
#Section377 Chandrachud - What is natural and what is unnatural? Who decides these questions? People have challenged a long history of discrimination, which they seek to have remedied.
#Section377 Chandrachud - To deny the LGBT community their right to expression is also violative of the fundamental right to privacy. Human sexuality cannot be confined to a binary existence.
#Section377 Gender specific health care and gender reproductive rights are important rights for this segment of society. Medical practice must share the burden to sensitisise society.
#Section377 Chandrachud - Foreign jurisdictions have actively recognized the rights of the LGBT community. We also must give these rights to this community. Decriminalizing is just the first step.
#Section377 Chandrachud - Constitutional morality and not societal morality will decide the validity of Section 377. Section 377 is unconstitutional. LGBT community has the full set of rights under the Constitution.
#Section377 Chandrachud - In the end he thanked all lawyers who appeared for the petitioners.
#Section377 - Justice Malhotra - History owes an apology to these people and their families. Homosexuality is part of human sexuality. They have the right of dignity and free of discrimination. Consensual sexual acts of adults are allowed for LGBT community.
#Section377 - Justice Indu Malhotra - Kishore Kumar Koushal is struck down and consensual sex between competent adults from the LGBT community is decriminalized.
#Section377 The Bench has pronounced all 4 opinions and the matter is concluded. Sexual intercourse between consenting adults from the LGBT community have been decriminalized in India! We shall be sharing the final orders soon.
Correction: Untenble
