"It is an archaic provision, which has no place in 21st century India. the time has come that either the courts must read down Section 377 or the government should repeal Section 377 from the IPC", he said. But, now, with the Apex Court deciding to revisit its decision, there is a renewed hope among the members of the LGBT community. He explained that the court's verdict banning gay sex is not in accordance with "evolving legal jurisprudence". Moreover, the law also mentions that "penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section".
Arvind Datar was speaking for the lesbian, gay, bisexual, and transgender (LGBT) community and said that section 377 was not a "reasonable restriction". Several supreme court judges noted that sexual orientation fell under the privacy umbrella. It held that the Section 377 denied dignity to an individual and criminalised their core identity on the basis of their sexuality adding that it also violated Article 14 by targeting homosexuals as a class.
In 2009, the Apex court canceled the Delhi HC's order and re-criminalized homosexuality.
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Elated over the decision, an LGBT Activist said,"We need to welcome it".
"The top court's judgment upholding validity of Section 377 appears to hurt the sexual preferences of individuals", said the three-judge bench of Chief Justice Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud. "Because of that, we are pleased that the Supreme Court declined to take up these baseless challenges, which misrepresented the law's sole objective of ensuring that Mississippians don't live in fear of losing their careers or their businesses simply for affirming marriage as a husband-wife union".
SC has also issues notice to the Centre seeking response on a writ petition filed by five members of LGBT community, who say they live in fear of Police due to their natural sexual preferences, according to new agency ANI. It also asked to include them in the OBC quota.
