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Govt. leaves decision on Section 377 to the court
News:
- The government has said that it will not contest section 377 and will leave it to the ‘wisdom of the court’.
Important Facts:
- Laws Criminalizing Homosexuality
- Section 377 of IPC criminalises homosexuality. It says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to pay a fine.
- Andhra Pradesh (Telangana Area) Eunuchs Act criminalises transgender persons.
- Section 36A of the Karnataka Police Act of 1963, criminalised transgender persons .The Act was recently amended in 2016
- Criminal Tribals Act:
- Criminal Tribes Act of 1871 considered a number of marginalised population groups like transgender as “innately criminal”.
- The Criminal Tribes Act was repealed in 1949. However, Section 377 exists
- Petition:
- Petitioners argue that Section 377 violates Articles 15 (discrimination on sex), 14 (equality), 19 (liberty) and 21 (life and dignity) of the Constitution.
- SC Judges Remarks:
- Justice Chandrachud said that the hearing deals with understanding the nature of a relationship and bring it under the protection of Article 21 (fundamental right to life) of the Constitution.
- Chief Justice Misra said the court is considering the issue of protecting the relationship. He said that the court is not dealing with LGBTQ or sexual orientation.The court is looking into the aspect of two consenting adults who should not be liable for criminal action for their relationship.
