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Hearing on petitions on homosexuality begins

Public morality is not above constitutional morality

The Constitution Bench of the Supreme Court began hearing Tuesday on petitions related to the expulsion of homosexuality. Earlier in 2013, the Supreme Court had dismissed the decision of the Delhi High Court in its decision to exclude gay sex from the scope of crime. .

During the hearing, the five-judge constitution bench of Chief Justice Deepak Mishra, RF Nariman, AM Khanvilkar, DY Chandrachud and Justice Indu Malhotra said that they will consider the constitutional validity of Section 377 of the IPC and the fundamental rights of those who adopt homosexuality. The Delhi High Court had termed Section 377, which has been made unlawful by two gay persons who committed a criminal offense for sexual relations with mutual consent. The culprit can be punished for life imprisonment or for 10 years.

Senior Advocate Mukul Rohatgi started his debate on behalf of the dancer Navtej Johar in front of the Constitution Bench. He said that the right to gender independence should be examined in the light of the nine-member constitution bench’s decision on August 24, 2017.He said that public morality can not be above constitutional morality. In this verdict, the Constitution Bench listed the right to privacy as a fundamental right, saying that members of LGBT community can not be deprived of the right to privacy because of their unconventional sexual orientation. Their number is very low in India’s population of 13 million. .

On Tuesday, the central government had urged to adjourn the hearing while urging them to give some time to filing the replies. But the top court had turned it down

 

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