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.
LGBT community posses same human rights, constitutional rights like any other individual. 377 is irrational, manifestly arbitrary and indefensible.
Concept of identity cannot be a prison-hold, it cannot be only one identity.
1. Self-determination in tandem with NALSAR.
2. In line with Naz Foundation judgment, Delhi HC 2009
5. constitutional mortality- preserve the the heterogeneous nature of a society. Social morality cannot be used as an index of measurement.
6. Right to live to with dignity. Without the right to dignity, other rights can be trumped.
8. Rights evolve with the evolution of the society.
#Section377 is violative of Article 14. Unreasonable classification with no nexus with object. Partially strikes down as violative of Article 14 since it penalises even consensual sex.
Union of India to give wide publicity to this judgment.
The Union of India should take all measures to broadcasters it in regular intervals to reduce and eliminate stigma
Police be given be periodic sensitisation lessons.
Next Justice DY Chandrachud.
The lethargy of law is manifest again. A 157 years ago colonial law
Talks about love. Lost the line
Civilisation has been brutal.
We must as a society ask certain questions. We become the cause and not just the inheritors.
Section 377 has been destructive of identity.
Sexual orientation has become a cause of blackmail in the time of technology.
LGBT have rights to be equal citizens in all manifestations.
Human sexuality cannot be defined narrowly. LGBTQI peoples have a right to equality of protection under the Constitution. Discrimination against LGBTQI is unconstitutional.
Reads a poem.
Constitutional morality will prevail. Society cannot dictate sexuality of an individual. State has no business to intrude into these personal matters. #Section377 is unconstitutional to the extent it penalises consensual sex between two adults.
Justice Indu Malhotra starts. She too concurs with the CJI's opinion.