The Supreme Court began a significant hearing on petitions of homosexuality on Tuesday, and clarified that it would not consider succession issues in the marriage or co-life relationship with LGBT community. During the hearing, the five-member Constitution Bench of
Chief Justice Deepak Mishra,
Justice R. F Nariman,
Justice AM Khanvilkar,
Justice Dhananjay
JusticeY Chandrachud
Justice Indu Malhotra
said that he will only consider the constitutional validity of Article 377 of the Indian Penal Code which is equal Sex between two adults between the two adults declares the offense as a crime.
The bench said that it will consider in relation to the correctness of the judgment of the year 2013 in which it had canceled the decision of the High Court to declare Section 377, which has criminal penalties for sexual offenses between two gay people, unconstitutional. Unnatural sex is a punishable offense under section 377 and for this, the person who is convicted for life can be punished for life imprisonment, or for a fixed period, which can be up to ten years and he will also be fined for this act.
What is IPC 377
Section 377 of the Indian Penal Code dating back to 1861, introduced during the British rule of India (modelled on the Buggery Act of 1533) criminalizes sexual activities "against the order of nature", including homosexual activities.
The section was read down with respect to sex between consenting adults by the Delhi High Court in July 2009. That judgement was overturned by the Supreme Court of India (SC) on 11 December 2013 with the Court holding that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. On 6 February 2016, the final hearing of the curative petition submitted by the Naz Foundation and others came for hearing in the SC. The three-member bench headed by the then Chief Justice of India T. S. Thakur said that all the 8 curative petitions submitted will be reviewed afresh by a five-member constitutional bench.
On 24 August 2017 in a landmark judgment (also known as the Puttuswamy judgment), the SC had upheld the Right to Privacy as a fundamental right under the Constitution. The SC also had called for equality and condemned discrimination, stated that the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the LGBT population are real and founded on constitutional doctrine. 9 The Puttuswamy judgment is believed to have implications for section 377 as consensual sexual acts in private can no longer be overseen by law.
In January 2018, a three-member SC bench heard a petition filed by five people asking the SC to revisit the Naz Foundation judgment. The case was referred to a larger bench and help was sought from the Union government. 13 On 10 July 2018, a five-member constitutional bench of the SC commenced hearing of the pleas challenging the constitutionality of section 377.
there are so many country where homosexuality is legal
Belgium,Canada,Spain,South Africa, Norway and many more
So many country given the rights to people that they can live the way they want so why not in india.
It is a personal decision that witch way we want to live
# what is your opinion