Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !

JULY 17, 2018 16:27 IST

CHIEF JUSTICE’S COURT

W.P.(C) No. 373/2006 PIL-W

INDIAN YOUNG LAWYERS ASSOCIATION AND ORS. R. P. GUPTA
Versus
THE STATE OF KERALA AND ORS

CONSTITUTION BENCH COMPRISING HONBLE THE CHIEF JUSTICE, HONBLE ROHINTON FALI NARIMAN, HONBLE A.M. KHANWILKAR, HONBLE DR. D.Y. CHANDRACHUD AND HONBLE INDU MALHOTRA, JJ.

While reserving the Judgment by Supreme Court on above matter, gave a strong indication that the Bench will declare that Section 377 violates the right under Article 21 of the LGBTQ community to sexuality, sexual orientation and choice of sexual partner, Justice Nariman said the whole objective of Fundamental Rights is to empower the court to strike down laws like Section 377. The court was not dependent on public views like a majoritarian government in power, whose views were swayed by its vote bank. “We don’t wait for majoritarian governments to strike down the offending law. They may enact, repeal or do whatever they want, but the moment we find that a law violates fundamental rights, we strike it down.”

In this case, the NDA government chose to keep mum about its opinions on the legality of Section 377.