Honest word

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For the right of Life and Dignity; scrap section 377

on February 3, 2016

The  bench headed by Chief Justice T S Thakur agreed to hear the curative petition filed by gay rights activists and NGO Naz Foundation against the Supreme Court’s December 11, 2013 judgement upholding validity of section 377 (unnatural sexual offences) of IPC and the January 2014 order, by which it had dismissed a bunch of review petitions.

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Supreme court is ready to hear petition after some time, everyone is looking forward to the judiciary that judiciary is sole responsible to bring change in the society , don’t we think we our self responsible to be a part of this pathetic condition because  we look lesbian, gay, bisexual and transgender (LGBT) down upon. They are also part of the society. They are also citizen of the nation then why we discriminate them from our self.  IPC section 377 come in existence on 1862, which defines unnatural sex offences. It define, who so ever have carnal intercourse voluntarily with man, woman or animal is entitled to be punished with imprisoned for lifetime or 10years.

Supreme Court is bound to work according to the constitution and Indian penal code (IPC) judiciary cannot mould the constititution for this parliament has to amend the section because parliament can only scrap section 377. Like in the case of juvenile case, new bill was pass in winter session at parliament, in the same manner to scrap section 377 parliament can only do so.

Section-377-of-IPC

The bench of three judge consist of  Chief justice TS Thakur, Justice Anil Dave and Justice JS Khehar gave support to the conflict that whatever threat imposed by the provision amounts to the rights to live and independent life is big miscarriage of justice. The bench neither gave any solution to the people nor suggested any plan for the government, it is clear for us that bench leaves the verdict for the future constitution bench to further proceed if necessary in future. It had contended that 2013 amendment to section 375 with deals with rape had held consensual sex between an adult male and female is not an offence…Everyone is welcoming the judgment of the apex court. As we have great trust for the judiciary. The LGBT community is happy as they have hope among them self that now society will not consider them as mental disorder. Now our society willnot consider them taboo anymore.

credits
image- google

 

written by Anu SAXENA

 

 

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