- Search results for Section 377
In suo motu cases, the investigators must find out whether the relation was consensual.
This judgement becomes even more contextually relevant since it is a continuum of the recent judgment on Section 377 and reaffirms the principles of equality and justice.
On September 6, a five-judge Constitution bench of the Supreme Court of India unanimously decriminalised part of the colonial law under Section 377 which criminalised consensual gay sex.
Alok Ojha, Senior Superintendent of Post Offices, lauded the judgment and called Section 377 a ‘colonial construct’.
Emboldened by the recent SC decision decriminalizing some portions of Section 377 pertaining to homosexuality, both the women had started profess their love openly, added the man.
The senior advocate reiterated that sex should be spoken about openly in schools as well for people to start a dialogue on this.
According to the National Crime Records Bureau, as many as 2,195 gay sex cases were registered under Section 377 in 2016, 1,347 in 2015 and 1,148 cases in 2014.
CJI Misra and Justice Khanwilkar mentioned the constitutional courts of United States, Canada, South Africa, Republic of Philippines and the European Court of Human Rights.
Justices Nariman and Chandrachud, in their separate concurring judgements, dealt in detail about the evolution of the section as it exists in the present form.
Some of the groups are planning to approach the top court seeking a review of the verdict.