LGBT Rights – Transgender Bill, Sec. 377, etc.

Five-judge Constitution Bench to take a call on Section 377

  1. The SC referred a batch of curative petitions against Section 377 of the IPC.
  2. A colonial-era provision criminalising consensual sexual acts of Lesbian, Gay, Bisexual and Transgender (LGBT) adults in private.
  3. A 3-judge Bench gave credence to arguments that the threat imposed by the provision amounts to denial of the rights to privacy and dignity.
  4. This results in gross miscarriage of justice.
  5. The petitions pose several questions with “constitutional dimensions of importance”.
  6. As per the apex court’s Rupa Hurra judgment in 2002, the Bench considering curative pleas should necessarily have the 3 top judges of the SC.

Provision denies rights to privacy and dignity, court told.

  1. The SC referred a batch of curative petitions against Section 377 of the IPC.
  2. A colonial-era provision criminalising consensual sexual acts of Lesbian, Gay, Bisexual and Transgender (LGBT) adults in private.
  3. A 3-judge Bench gave credence to arguments that the threat imposed by the provision amounts to denial of the rights to privacy and dignity.
  4. This results in gross miscarriage of justice.
  5. The petitions pose several questions with “constitutional dimensions of importance”.
  6. As per the apex court’s Rupa Hurra judgment in 2002, the Bench considering curative pleas should necessarily have the 3 top judges of the SC.
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