Live: CJI says if Section 377 goes then many rights may also follow

Follow for updates as a five judge Constitution bench of the Supreme Court continues hearing on Wednesday a batch of writ petitions by LGBT persons challenging the constitutionality of Section 377

NH Web Desk

Updated: 12 Jul 2018, 10:43 AM

11 Jul 2018, 8:29 AM

Welcome to National Herald's Live Blog on day two of historic hearings by the Supreme Court, of writ petitions by LGBT persons challenging the constitutionality of Section 377 IPC

Follow for updates as a five judge Constitution bench of the Supreme Court of India continues hearing a batch of writ petitions by LGBT persons challenging the constitutionality of Section 377 on July 10.

11 Jul 2018, 8:31 AM

All the action on Day 1 of Supreme Court hearing on Section 377

Missed day 1? Catch up with developments on day 1 of the Section 377 hearing in the Supreme Court here

11 Jul 2018, 8:42 AM

Section 377: Congress MP and Senior Advocate Abhishek Singhvi salutes "strength of warriors who fought the law"; says "the nation is with you"

11 Jul 2018, 8:58 AM

Supreme Court five judge constitution bench to continue hearings on constitutional validity of Section 377

The five judge constitution bench of Chief Justice Dipak Misra, Justice Rohinton F Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra will continue hearings on the constitutional validity of Section 377 on Wednesday

11 Jul 2018, 9:01 AM

Section 377: Writ petitions brought to Supreme Court by LGBT persons

The constitution bench is hearing a batch of petitions by a group of past and present LGBT IITians, hotelier Keshav Suri, Sangeet Natak Akademi awardee Navtej Johar and others against its 2013 order, setting aside a Delhi High Court July 2, 2009 verdict decriminalising consensual same sex relations between adults under Section 377. The SC order in 2013 effectively recriminalised and stigmatised LGBT persons in India. The petitioners are hoping that the Supreme Court will declare Section 377 unconstitutional in so far as it applies to consenting adults

11 Jul 2018, 9:03 AM

Section 377: Attorney General KK Venugopal will not appear for Central Govt

On Tuesday, July 9 evening, Attorney General KK Venugopal told ANI that he is unable to appear for the Central Government in the Section 377 case as he already appeared for a petitioner in a curative petition on the SC’s 2013 ruling on Section 377. Due to him taking a different stand at that time from what he has been now told is Central Govt stand, Venugopal said can't appear

11 Jul 2018, 9:52 AM

Current and former IIT students have filed a petition in the SC against Section 377

11 Jul 2018, 11:32 AM

Top Tweets on Section 377: "Section 377 is archaic and bigoted. It has no place in a civilised society. Heck, it shouldn't even have lasted this long"

11 Jul 2018, 11:41 AM

Top Tweets on Section 377: "According to Subramaniam Swamy, it’s not okay for gays to “celebrate” homosexuality. Why don’t we focus on correcting those who openly celebrate rape, murder and mob lynchings?"

11 Jul 2018, 11:43 AM

Section 377: Long queue of law students waiting to enter Court No. 1, CJI's court at Supreme Court ahead of Day 2 of hearing of 377 case; reports Bloomberg

11 Jul 2018, 11:47 AM

ASG Adv Tushar Mehta began by submitting that the UOI will not contest and leave the Constitutional validity of consensual sex on the Bench; reports SFLC

11 Jul 2018, 11:48 AM

ASG Tushar Mehta appearing for Union of India (represented by central govt) says centre acknowledges Justice DY Chandrachud's understanding that right to choose your partner is a fundamental right; reports SFLC

11 Jul 2018, 11:50 AM

ASG Tushar Mehta appearing for central govt says incest, bestiality etc should not be allowed under the garb of consensual sex; reports SFLC

11 Jul 2018, 11:52 AM

Section 377: ASG Tushar Mehta says central govt will "leave the Constitutional validity of consensual sex on the wisdom of Bench" reports The Leaflet

11 Jul 2018, 11:53 AM

Section 377: ASG Tushar Mehta says "f. or the Union of India, the right to choose is a fundamental right". "Choosing a partner should not travel into realm of incest, sado-masochism", reports The Hindu

11 Jul 2018, 11:54 AM

Section 377: Advocate Sourabh Kirpal resumes his arguments; cites Hadiya judgment to state that there exists right to have sexual partner of choice; reports The Leaflet

11 Jul 2018, 11:55 AM

Section 377: Justice DY Chandrachud tells ASG Tushar Mehta "We are not here to talk about some kinky notions of sex... we are here to discuss the nature of a particular relationship between adults and bringing it under Article 21" reports The Hindu

11 Jul 2018, 11:56 AM

Section 377: Advocate Sourabh Kirpal submits that consensual sexual relationships between same sex is protected under Articles 14, 19 & 21; reports The Leaflet

11 Jul 2018, 11:58 AM

CJI questioned Kirpal saying whether they are pressing for all sorts of consensual sexual relationships including incest. Kirpal replied this matter only deals with decriminalising Section 377 and rights of LGBT; reports SFLC

11 Jul 2018, 11:59 AM

Section 377: ASG Tushar Mehta also says Union of India will have to file detailed reply if court goes into other aspects like civil rights and liabilities; reports Bar & Bench

11 Jul 2018, 12:00 PM

Justice DY Chandrachud: "We don't want a situation where two homosexuals enjoying a walk on Marine Drive should be disturbed by the police and charged under Section 377"; reports The Hindu

11 Jul 2018, 12:08 PM

Advocate Menaka Guruswamy begins arguments; says Section 377 violates Articles 14, 15, 19 and 21. Hands over a written submission to bench; reports The Leaflet

11 Jul 2018, 12:09 PM

Advocate Menaka Guruswamy: "Section 377 violates article 19(1a) and 19(1b) under Constitution of India. The section chills the freedom of speech and expression of the LGBTQ community"; reports SFLC

11 Jul 2018, 12:10 PM

Advocate Menaka Guruswamy: "Section 377 violates Article 15 because it discriminates on the basis of sex" reports The Leaflet

11 Jul 2018, 12:11 PM

Advocate Menaka Guruswamy: "Section 377 is a colonial legacy"; reports The Leaflet

11 Jul 2018, 12:12 PM

READ: Central Government affidavit in the Section 377 case, uploaded by Bar & Bench

11 Jul 2018, 12:13 PM

Advocate Menaka Guruswamy seeks declaration to the effect that Section 377 violates Article 14, 15, 19 and 21 of the Constitution; reports The Leaflet

11 Jul 2018, 12:14 PM

Advocate Menaka Guruswamy is appearing for IIT students and alumni. Guruswamy says their prayer is limited to consensual sex between adults and not about incest etc; reports The Leaflet

11 Jul 2018, 12:15 PM

Section 377: Advocate Menaka Guruswamy says writ petition has been filed by alumni, graduates and current students all from the LGBTQ community; reports SFLC

11 Jul 2018, 12:15 PM

Section 377: Advocate Menaka Guruswamy "snubs" government's take on incest. Says "Of course, this is not about incest or any other abominable conduct"; reports The Hindu

11 Jul 2018, 12:16 PM

Section 377: Advocate Menaka Guruswamy refers to the Shaira Bano case and states that reasonableness runs like a thread across the Fundamental Rights chapter of the Constitution and there is no scope of any arbitrariness; reports SFLC

11 Jul 2018, 12:17 PM

Section 377: Advocate Menaka Guruswamy dealing with the question of proportionality which was raised by Justice Rohinton Nariman; reports Bar & Bench

11 Jul 2018, 12:18 PM

Section 377: Advocate Menaka Guruswamy refers to Manifest Arbitrariness as elucidated by Rohinton Nariman himself in the judgment of Triple Talaq case (Shaira Bano); reports Bar & Bench

11 Jul 2018, 12:18 PM

Section 377: Advocate Menaka Guruswamy "Punishing consensual acts between adults is grossly disproportionate, its continuation is an instance of non-application of legislation of mind"; reports The Hindu

11 Jul 2018, 12:19 PM

Section 377: Advocate Menaka Guruswamy "I urge you My Lords to emanicipate a class of people who have not been given the promises of our Constitution"; reports The Hindu

11 Jul 2018, 12:20 PM

Affidavit filed by Union of India in the Section 377 matter; tweeted by The Leaflet

11 Jul 2018, 12:20 PM

Section 377: Advocate Menaka Guruswamy "The court must interpret the Constitution in the manner that it allows its citizens to enjoy its rights to the fullest"; reports SFLC

11 Jul 2018, 12:22 PM

Section 377: Advocate Menaka Guruswamy "Articles 15 and 16 are the teeth of equality protection envisaged by Constitution"; reports Bar & Bench

11 Jul 2018, 12:23 PM

Top tweets on Section 377: "It matters now who you love, where you love, why you love, when you love or how you love, it matters only that you love"

11 Jul 2018, 12:32 PM

Advocate Menaka Guruswamy: Section 377 is "violation of Article 15 because the discrimination revolves around the sex of the partner"; reports Bar & Bench

11 Jul 2018, 12:32 PM

Advocate Menaka Guruswamy refers to notification dated July 2 by Indian Psychiatric Society which states homosexuality is not a pschiatric disorder; reports Bar & Bench

11 Jul 2018, 12:34 PM

Advocate Menaka Guruswamy says sex under Article 15 includes sexual orientation too, relying upon Justice JS Verma Committee report; reports The Leaflet

11 Jul 2018, 12:34 PM

Advocate Menaka Guruswamy discusses the harassment and mental trauma faced by her petitioners (IITIans) due to their sexual orientation, reports SFLC

11 Jul 2018, 12:35 PM

Section 377: Statement of Indian Psychiatric Society referred to by Advocate Menaka Guruswamy, tweeted by The Leaflet

11 Jul 2018, 12:36 PM

Section 377: Advocate Menaka Guruswamy says LGBT "#Section377: "people deserve to be protected by their court, their Constitution and their country"; reports Bar & Bench

11 Jul 2018, 12:37 PM

Section 377: Advocate Menaka Guruswamy says her clients people deserve their rights and to be loved, says say that business of life is protected under Articles 14,15, 16, 19 & 21 of the Constitution; reports SFLC

11 Jul 2018, 12:39 PM

Section 377: Actress Celina Jaitley, long time campaigner for LGBT rights, tweets "Put an end to the legal platform that segregates the rights of Indian LGBT from other Indians in the worlds largest democracy"

11 Jul 2018, 12:41 PM

Advocate Menaka Guruswamy highlights plight of LGBT community before the bench. She states Section 377 is making their lives miserable; reports The Leaflet

11 Jul 2018, 12:42 PM

Section 377: Advocate Menaka Guruswamy "Aman Nath was in a relationship for over 25 years. His partner died. Our lives have passed by. But the business of life includes the recognition of equal citizenship" reports The Hindu

11 Jul 2018, 12:44 PM

Advocate Menaka Guruswamy's passionate plea before the Supreme Court: "How strongly must we love to withstand the terrible wrongs of Suresh Kumar Koushal [judgment]"

11 Jul 2018, 12:45 PM

Advocate Menaka Guruswamy to the Supreme Court: "How strongly must you love knowing you are unconvicted felons under Section 377? My Lords, this is love that must be constitutionally recognised and not just sexual act"

11 Jul 2018, 12:47 PM

Advocate Menaka Guruswamy "Section 377 denies LGBT citizens equal participation in profession; It violates their right to seek employment including State employment and Constitutional offices"; reports Bar & Bench

11 Jul 2018, 12:47 PM

Section 377: Advocate Menaka Guruswamy "The immediate aftermath of NALSA judgment was the extra ordinary number of transgenders who ran for public offices"

11 Jul 2018, 12:49 PM

CJI Dipak Misra asks if there are any rules that prevent homosexuals from availing equal opportunity. Adv Menaka Guruswamy says it has chilling effect; reports The Leaflet

11 Jul 2018, 12:52 PM

Section 377: CJI Dipak Misra: "A declaration this relationship is constitutional will remove the "ancilliary disqualification" for people joining services, contesting elections. It will no longer be seen as moral turpitude"; reports The Hindu

11 Jul 2018, 12:53 PM

Section 377: Justice DY Chandrachud: "A law criminalising such relationship is an eg of social disdain"; reports The Hindu

11 Jul 2018, 12:54 PM

Section 377 hearing to resume after 2 pm as Court rises for lunch break

11 Jul 2018, 1:09 PM

READ: The Leaflet's recap of Day 2 of historic Section 377 hearing in the Supreme Court; hearing to resume at 2 pm

11 Jul 2018, 1:25 PM

Top tweets on Section 377: "Thank you Menaka Guruswamy for saying this out loud. It should have been something obvious but here we are today"

11 Jul 2018, 2:13 PM

Advocate Menaka Guruswamy continues her arguments after lunch, submits that #Section377 is not a reasonable restriction under Article 19(2) of the Constitution, reports SFLC

11 Jul 2018, 2:14 PM

ASG Tushar Mehta objects to Advocate Menaka Guruswamy saying Section 377 violates right to form an association under Article 19; Justice Nariman tells ASG Guruswamy has right to argue; reports Bar & Bench

11 Jul 2018, 2:18 PM

Advocate Menaka Guruswamy says "Section 377 violates right to form association of sexual minority. LGBT community is afraid of forming association due to fear of police persecution"; reports The Leaflet

11 Jul 2018, 2:19 PM

Section 377: Advocate Menaka Guruswamy "Prayers are wide under writ petition. It isn't just simply reading down"; reports The Leaflet

11 Jul 2018, 2:21 PM

Advocate Menaka Guruswamy "Section 377 has potential to destroy lives of LGBT community"

11 Jul 2018, 2:23 PM

Section 377: Advocate Menaka Guruswamy wraps up her submission saying "Petitions filed in the case isn't simply about reading down of 377. This case is about our humanity"; reports The Leaflet

11 Jul 2018, 2:24 PM

Senior Advocate Anand Grover commences his arguments. Grover and Lawyer's Collective have been fighting legal battle against Section 377 for past 17 years

11 Jul 2018, 2:27 PM

Senior Advocate Anand Grover: "This case isn't only about decriminalisation of 377. It is about constitutional values. It is about what Preamble to the Constitution says"; reports The Leaflet

11 Jul 2018, 2:40 PM

Senior Advocate Anand Grover is arguing for petitioner Arif Jafar; says Jafar was caught by police for promoting condoms among men. Criminal case against him is still going on. No lawyer appeared for Jafar; reports The Leaflet

11 Jul 2018, 2:41 PM

Section 377: Senior Advocate Anand Grover "Fundamental rights have to be given expansive interpretation, they cannot be given restrictive interpretation"; reports Bar & Bench

11 Jul 2018, 2:43 PM

Senior Advocate Anand Grover "Fundamental rights to be read as in context of Preamble. Section 377 is completely vague", says "order of nature" isn't defined, Section 377 is over breadth; reports The Leaflet

11 Jul 2018, 2:44 PM

Section 377: Senior Advocate Anand Grover refers to Justice Nariman's judgment in Triple Talaq case. He points out arbitrariness, says if the object isn't fair, statute isn't sustainable; reports The Leaflet

11 Jul 2018, 2:48 PM

Section 377: Senior Advocate Anand Grover submits that even after the NALSA judgment it’s important for the Court to still explain effect of sections 375 and 377 on Transgender community; reports SFLC

11 Jul 2018, 2:49 PM

Senior Advocate Anand Grover relies on Section 375 to attack Section 377 of IPC; reports The Leaflet

11 Jul 2018, 2:50 PM

Section 377: Senior Advocate Anand Grover mentions the harassment suffered by his client Arif Jafar at the hands of society and police due to his sexual orientation; reports SFLC

11 Jul 2018, 2:51 PM

Senior Advocate Anand Grover: The expression ‘carnal intercourse’ in Section 377, IPC is distinct from the expression ‘sexual intercourse’, which appears in Sections 375 (Rape) and 497 (Adultery), IPC. The expression, ‘carnal intercourse’ is broader than ‘sexual intercourse’

11 Jul 2018, 2:54 PM

Section 377: Senior Advocate Anand Grover argues that since after the amendment to IPC post the Nirbhaya case, section 375 covers anal sex, then consensual anal sex between adults is legal as per section 375; reports SFLC

11 Jul 2018, 2:57 PM

Justice DY Chandrachud clarified that since as per Section 375, consensual anal sex between a man and a woman is legal, thereby Section 377 now only covers relations between same sex couples; reports SFLC

11 Jul 2018, 2:58 PM

Section 377: Senior Advocate Anand Grover refers to the choice of partner whether within or outside marriage lies within the exclusive domain of each individual (Shafin Jahan case); reports The Leaflet

11 Jul 2018, 3:00 PM

Section 377: Senior Advocate Anand Grover says as per the US Supreme Court, the right to form associations, also includes associations in the form of personal relationships, as covered in India under Art. 19(1)(c); reports SFLC

11 Jul 2018, 3:02 PM

Section 377: Senior Advocate Anand Grover says that criminalisation of LGBT persons violates the fundamental right of Access to Justice; reports The Leaflet

11 Jul 2018, 3:03 PM

Section 377: Film-maker Apurva Asrani says "UoI says in its affidavit that topics of ‘civil rights’ and ‘inheritance‘ not be discussed. Baby steps, but every civilian will one day demand ‘civil rights’"

11 Jul 2018, 3:04 PM

Section 377: Senior Advocate Anand Grover "A lot of gay men suffer from extortion, blackmailing especially in cases where people use dating apps, says Grover. We have dealt with huge number of such cases"; reports Bar & Bench

11 Jul 2018, 3:10 PM

CJI Dipak Misra says one person's natural inclination might be different from someone else's. That doesn't mean that the Constitution shall protect only one kind of people; reports SFLC

11 Jul 2018, 3:11 PM

Section 377: Senior Advocate Anand Grover "Today we have happy situation that LGBT community is coming out and present in Court"; reports The Leaflet

11 Jul 2018, 3:14 PM

Section 377: Senior Advocate Anand Grover refers to a case of Gay Professor from Aligarh Muslim University who was suspended by the University. Later he committed suicide; reports The Leaflet

11 Jul 2018, 3:14 PM

Section 377: Senior Advocate Anand Grover reads out from the Allahabad High Court Judgment quashing suspension of Prof Ramchandra Siras of Aligarh Muslim University; reports The Leaflet

11 Jul 2018, 3:14 PM

CJI Dipak Misra: "There is an impact theory - if section377 is to remain in the statute book, then it will impact certain sections of society in a negative manner" reports SFLC

11 Jul 2018, 3:14 PM

Section 377: Justice DY Chandrachud clarifies to Sr Adv Anand Grover that though in urban centers and educated India, the acceptability of homosexuality might be rampant, he was not sure about how much of that understanding has permeated down to the rural areas of India; reports SFLC

11 Jul 2018, 3:15 PM

Section 377: Senior Advocate Anand Grover concludes his arguments, saying the core issue in this case is values like liberty, equality and dignity; reports Bar & Bench

11 Jul 2018, 3:17 PM

Section 377: Advocate Jayna Kothari appearing for transgender rights activist and petitioner Dr Akkai Padmashali, begins her arguments

11 Jul 2018, 3:20 PM

Section 377: Advocate Jayna Kothari arguing on NALSA judgment and gender identity; reports Bar & Bench

11 Jul 2018, 3:23 PM

Section 377: Advocate Jayna Kothari questioned the bench about what is meant by gender identity, in the light of the NALSA judgment; reports SFLC

11 Jul 2018, 3:24 PM

Transgender persons are suspected of unnatural offences under Section 377, says Advocate Jayna Kothari when CJI Dipak Misra quizzed her on relevance of gender identity; reports Bar & Bench

11 Jul 2018, 3:25 PM

Advocate Jayna Kothari says certain regional laws like in Telangana, presume that transgender persons are supposed to be engaging in unnatural activities, as under section 377; reports SFLC

11 Jul 2018, 3:31 PM

Top tweets on Section 377: "It is high time India transforms from Red to Deep Green on this map!"

11 Jul 2018, 3:32 PM

Advocate Jayna Kothari takes the case of her client who is born a male but identifies herself as female, to show why Section 377 which on the face of it applies to both males and females, is discriminatory under Article 14; reports Bar & Bench

11 Jul 2018, 3:33 PM

Advocate Jayna Kothari points out that her transgender client is married but any sexual interaction with her husband will be hit by Section 377; reports Bar & Bench

11 Jul 2018, 3:35 PM

Advocate Jayna Kothari arguing that NALSA judgment guarantees rights to the transgender communities but Section 377 adversely affect the community; reports Supreme Court Observer

11 Jul 2018, 3:41 PM

BIG STATEMENT from CJI Dipak Misra, responding to advocate Jayna Kothari: "Section 377 is the infrastructure for denying rights. Once it falls, other rights will be realised"; reports The Hindu

11 Jul 2018, 3:44 PM

Advocate Jayna Kothari argues that Section 377 restricts mannerisms and conduct of trans community and violates freedom to express about one's gender identity; reports SC Observer

11 Jul 2018, 3:49 PM

Section 377: Senior Advocate Shyam Divan begins arguments for intervenor Voices Against 377, whose curative petition in Suresh Kumar Koushal vs Naz Foundation is pending before SC

11 Jul 2018, 3:49 PM

Section 377: Senior Advocate Shyam Divan "Right to intimacy should be declared part of right to life"; reports Bar & Bench

11 Jul 2018, 3:52 PM

Section 377: Senior Advocate Shyam Divan says LGBT community facing day to day problems in their life. His client Voices Against 377 seeks declaration that no person can be discriminated on the basis of sexual orientation and gender identity; reports The Leaflet

11 Jul 2018, 3:53 PM

Section 377: Senior Advocate Shyam Divan "Sexuality and sexual rights are part of human rights; homosexual conduct between two consenting adults is not against the order of nature"; reports Bar & Bench

11 Jul 2018, 3:54 PM

Section 377: Senior Advocate Shyam Divan says Voices Against 377 wants "sex" under Article 15 to be interpreted as sexual orientation; reports SFLC

11 Jul 2018, 3:55 PM

Section 377: Senior Advocate Shyam Divan humbly submits that there should be a suitable declaration of rights which ensures that there should be no discrimination on the basis sexual orientation while accessing education, healthcare, employment or any other service/ opportunity; reports SFLC

11 Jul 2018, 3:56 PM

Senior Advocate Shyam Divan: "Technically Section 377 criminalises certain acts only but in its application, it is not used against consenting sexual acts between heterosexual adults but is used against LGBT community"; reports Bar & Bench

11 Jul 2018, 4:08 PM

Senior Advocate Shyam Divan: "Section 377 creates "second-class citizens". LGBTQ+ community is discriminated against in all walks of life because of gender orientation and gender identity"; reports SC Observer

11 Jul 2018, 4:09 PM

Supreme Court Constitution Bench rises for the day; hearing on Section 377 to continue on Thursday, July 12; Senior Advocate Shyam Divan will complete his arguments on behalf of Voices Against 33 tomorrow

Join our official telegram channel (@nationalherald) and stay updated with the latest headlines

Opinion Articles Subscribe Newspaper