IPC 377 : Supreme Court & the Queer Future

The Supreme Court today deferred till tomorrow the hearing on a bunch of appeals, both opposing and supporting the July 2009 verdict of the Delhi High Court, that decriminalised gay sex among consenting adults in private.

Update 2.1 : 17th February, 2012

Hearing of Day 3 (16-Feb-2012) in the 377 Case: Updated by Vikram Doctor

Update 2 : 17th February, 2012

“It is a reflection of society of that time and homosexuality should not be seen only in terms of sexual intercourse,” the bench, which had raised questions over the term “order of nature” in section 377 of IPC in the age of test tube babies and surrogacy, said.

Source : Hindustan Time

Update 1 : 15th February, 2012

As per our sources, hearing on  the Delhi High Court verdict regarding IPC 377 started in the Supreme Court on the 13th of this month. The case will be heard every afternoon by the two judges, who plan on closing the issue as soon as possible. They started the hearing with Suresh Kaushal (an astrologer by profession) who’s petition basically states decriminalization of IPC 377 will result in Army men losing their vision of serving the country, and acting like rabbits on heat. *Pardon my French* As per thisreport :

A bench of Justice GS Singhvi and Justice SJ Mukhopadhaya said that the interpretation of constitution has changed over the last sixty years and the issue has to be seen in that light. “What is homosexuality? Who is the expert to explain order of nature,” the bench observed when the senior advocate Amrendra Saran submitted that nature does not recognise homosexuality and lesbianism which are against its order. “Are surrogate mothers and test tube baby also against the order of the nature,” the bench observed while asking Saran, appearing for Delhi Commission for Protection of Child Right, to explain it.

So far so good…we will keep you informed. ********************************************************* The final verdict on IPC 377 by the Supreme Court will be out today  soon. Well, are fingers are crossed. The Queer struggle in this country has been long and hard, but now its time we are given are right to existence. Let this be a day of acceptance, for one and all. SC begins adjudicating gay sex issue, to continue hearing it PTI | 07:02 PM,Feb 13,2012 New Delhi, Feb 13(PTI) The Supreme Court today deferred till tomorrow the hearing on a bunch of appeals, both opposing and supporting the July 2009 verdict of the Delhi High Court, that decriminalised gay sex among consenting adults in private. A bench of justice G S Singhvi and S J Mukhopadhyaya deferred the hearing to Tuesday after briefly hearing a counsel who said the high court verdict had created a confusion. The counsel claimed since July 2, 2009, when the judgement was passed by the high court, the question arose if various other states and union territories too were bound by the high court’s judgement as the high court’s jurisdiction was limited only to the national capital. “Are you suggesting the high courts have no power to quash a central legislation?” the bench said. As the counsel persisted with his arguments, the apex court said “don’t go into the trivialities, come to the substance.” Later, it adjourned the matter till tomorrow. The bench was hearing a bunch of petitions filed by anti-gay rights activists and also by political, social and religious organisations, which have opposed the high court verdict decriminalising the homosexual conduct and behaviour. Various gay rights activists, on the other hand, moved the apex court supporting the high court’s ruling. Earlier, on February 7 last year, the bench had refused to implead the armed forces in the case on the contentious issue. People and organisations from different fields have come out in support of or against the path-breaking verdict of the Delhi High Court which had sparked a controversy. PTI RB RAX

About the author

MJ

Now 30, 100% shudh desi lesbian. Likes living large, and on the edge. Dislikes stagnation, fence sitting and hypocrites. Lives in a bubble of joy, with occasional lapses into drama queendom. Currently nursing a massive crush on actress Chitrangada Singh (kind of eerie, her resemblance to the late Smita Patil, don’t you think?). Aspires to build a fully functional support system for the Gaysi community in India. And most importantly, top the 'Hottest eligible desi-lezzie' list one bright sunny day.