Centre leaves it to the wisdom of SC to decide validity of Section 377


Team Udayavani, Jul 11, 2018, 2:15 PM IST

New Delhi: The Centre today told the Supreme Court that it would leave it to the wisdom of its judges to decide on the constitutional validity of Section 377 on the issue of criminalising unnatural intercourse between two consenting adults.

A five-judge constitution bench headed by Chief Justice Dipak Misra, which is hearing a batch of petitions challenging its 2013 verdict that had re-criminalised consensual sex between two consenting adults of the same gender, was told by the Centre that it has no objection with the court dealing with the validity of this penal provision.

“We leave to the wisdom of the Court to deal with the validity of Section 377 so far as it relates to consensual sexual acts between two adults,” Additional Solicitor General Tushar Mehta, representing the Centre, told the bench at the outset of the crucial hearing which entered the second day.

The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said it has already made it clear yesterday that only the constitutional validity of Section 377 will be dealt with by it.

The law officer said that if the right to chose sexual partner is declared a fundamental right, then somebody may come up and say that he or she wanted to marry a sibling, which would be contrary to the laws governing to marriages. “We are not considering all these issues. One cannot judge these issues in vacuum,” the bench said.

Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal inter course against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. 

The apex court had yesterday commenced the crucial hearing on a clutch of petitions seeking decriminalisation of consensual sex between two adults of the same gender. The apex court had in 2013 restored sexual relationship between persons of the same sex as a criminal offence by setting aside the 2009 Delhi High Court judgement that had held as unconstitutional section 377 of the IPC, which makes such actions between two consenting adults of same sex as a penal offence.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

BJP calls Congress govt ‘laughing stock’ as ‘samosa politics’ heats up in Himachal

Chikkaballapur: Yoga teacher feigns death by holding her breath, escapes murder bid

World Bunts Summit to be held in Mumbai on December 7

SC dismisses PIL seeking CBI probe into Tirupati laddus row

Salman Khan gets another threat; message sent to Mumbai traffic police helpline

SC overrules 1967 verdict holding AMU can’t be minority institution

BJP MP Tejasvi Surya, editors of Kannada news portals booked for allegedly spreading fake news

Related Articles More

Gujarat family holds burial event for ‘lucky’ car; 1,500 people attend

BJP calls Congress govt ‘laughing stock’ as ‘samosa politics’ heats up in Himachal

SC notice to Centre on plea to include ayurveda, yoga in Ayushman Bharat

BJP wants to snatch ”Jal, Jungle, Jameen” from tribals, alleges Rahul at Jharkhand poll rally

SC refuses to examine plea to appoint ‘yoga mitra’ instructors in schools

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

Gujarat family holds burial event for ‘lucky’ car; 1,500 people attend

New kind of ”Jihad” in Karnataka through Waqf Board, alleges Union Minister Pralhad Joshi

BJP calls Congress govt ‘laughing stock’ as ‘samosa politics’ heats up in Himachal

Chikkaballapur: Yoga teacher feigns death by holding her breath, escapes murder bid

SC notice to Centre on plea to include ayurveda, yoga in Ayushman Bharat

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.