Section 377 Verdict: Live Updates from the Supreme Court

Section 377 Verdict: Live Updates from the Supreme Court

Bar & Bench

The Supreme Court of India will shortly pronounce its judgment in Navtej Singh Johar & Ors. v. Union of India, the challenge to the constitutionality of Section 377 of the Indian Penal Code (IPC).

The judgment will be delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

CJI Misra and Justices Nariman, Chandrachud and Indu Malhotra will deliver separate concurring judgments.

Live updates follow:

  • : Respect for individual choice essence of liberty; LGBT community possess equal rights under the Constitution, Supreme Court.
  • CJI Dipak Misra reading judgment on behalf of himself and Justice Khanwilkar
  • : View taken by SC in Suresh Kumar Koushal impermissible, Supreme Court.
  • : Primary objective of having a Constitutional society is to transform the society progressively; Constitutional provisions should not be interpreted in literal sense, Supreme Court.
  • : Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression, Supreme Court.
  • : The provision of IPC had resulted in collateral effect in that consensual sex between LGBT person is criminalised and is violative of Article 14, Supreme Court.
  • : of IPC insofar as it criminalises consensual sexual acts between man and man, man and woman or woman and woman is unconstitutional and struck down. Sex with animals will however remain criminal. Judgment in Suresh Kumar Koushal overruled.
  • : Justice Rohinton Nariman now reading out his concurring judgment
  • #Section377: Justice Rohinton Nariman places extensive reliance on foreign jurisprudence including recent judgment from Trinidad and Tobago.
  • Justice Rohinton Nariman says one feature of his judgment is reliance on Mental Healthcare Act as per which Parliament has recognised that homosexuality is not a mental disorder #Section377
  • Justice Rohinton Nariman concludes his concurring judgment, Justice Chandrachud reading his judgment now
  • : Gays, Lesbians, Bi-sexual and Transgenders have equal rights as other citizens, Justice DY Chandrachud
  • This case is much more than just decriminalising a provision It is about an aspiration to realise Constitutional rights and equal existence of LGBT community as other citizens, DY Chandrachud
  • To deny LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy. They cannot be pushed into obscurity by an oppressive colonial legislation, DY Chandrachud
  • Treatment of homosexuality as a disorder/ disease has a severe impact on mental health of such persons, DY Chandrachud J.
  • De-criminalisation is but the first step; The Constitution envisages much more. LGBTs are victims of Victorian morality. Constitutional morality and not Societal morality should be the driving force for deciding validity of Section 377, DY Chandrachud J.
  • LGBT community entitled to equal citizenship, equal rights under the Constitution, DY Chandrachud J. Suresh Kumar Koushal overruled
  • : History owes an apology to LGBT persons for ostracisation, discrimination, Supreme Court of India. .
  • : This judgment to be considered in all pending prosecutions,
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