Political parties welcome SC's decision to reconsider law criminalising homosexuality


". We are pleased that the Supreme Court declined to take up these baseless challenges, which misrepresented the law's sole goal 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", stated Theriot.

The federal appeals court did not rule past year on the constitutionality of the law, known as HB 1523; it ruled that the plaintiffs did not have standing to challenge the law.

Section 377 has undergone many twists and turns ever since the Delhi High Court decriminalised it in 2009. Later, in 2012, the Supreme Court overturned the decision.

The bench was hearing a plea filed by one Navtej Singh Johar seeking to declare section 377 as unconstitutional to the extent that it provides prosecution of adults for indulging in consensual gay sex. Dating back to the 1800s, Section 377 criminalises anal and oral sex, referring to it as "unnatural sex", and states that it is "against the order of nature with any man, woman or animal". This also has implications for heterosexuals, as consensual sexual acts of adults - oral and anal sex in private - are now treated as unnatural and punishable under Section 377 of the Indian Penal Code. It was also on the side of respecting the freedom of individuals to their sexual orientation. "In their privacy what they do, nobody can invade but if you flaunt it, it has to be punished and therefore there has to be Section 377 of the IPC", BJP's Subramanian Swamy said.

Why Supreme Court canceled the Delhi high court order?

Last June, a three-judge panel of the Fifth Circuit Court of Appeals ruled unanimously in favor of the law, reversing a lower court decision by Judge Carlton W. Reeves blocking the law.

The court also issued a notice to the Centre seeking its response to a writ petition filed by five members of the LGBT community. The LGBTQ community remains in harm's way every single day that this law is in effect, and we are committed to working with our legal partners to strike this draconian measure once and for all. In addition to the advocacy and discussion that followed that setback, subsequent rulings in favor of transgender equality and, most recently, establishing privacy as a fundamental right have help set the stage for the Court to revisit the law.

"Everybody has equal right to live life the way they want", Dev said. Underlining the need to bring them into the mainstream, the verdict by a bench of Justices KS Radhakrishnan and AK Sikri said transgenders should have all rights under the law, including marriage, adoption, divorce, succession, and inheritance.

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