Breaking - SC To Reconsider Suresh Kumar Kaushal Judgment Which Upheld The Vires of S.377 IPC (Read Petition) PDF

3/6/2020 Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment Which Upheld The Vires Of S.
377 IPC [Read Petition]
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Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment

Which Upheld The Vires Of S.377 IPC [Read Petition]
8 Jan 2018 12:14 AM
https://www.livelaw.in/breaking-sc-reconsider-suresh-kumar-kaushal-judgment-upheld-vires-s-377-ipc/ 1/11
3/6/2020 Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment Which Upheld The Vires Of S.377 IPC [Read Petition]
The criminalization of choice of sexual partner under Section 377 IPC is prima facie a violation of the Right to Life
under Article 21 of the Constitution of India, states the petition.
Supreme Court of India on Monday agreed to re-consider the two Judge bench Judgment in Suresh Kumar Kaushal Vs
Naz Foundation which upheld the constitutional validity of S.377 of Indian Penal Code.
The Bench headed by Chief Justice Dipak Misra has referred the petition led by ve LGBT citizens for the
consideration of the larger bench.
Senior Advocates Kapil Sibal and Aravind Datar submitted that petitioners’ rights to sexuality, sexual autonomy, choice
of sexual partner, life, privacy, dignity and equality, along with the other Fundamental Rights guaranteed under Part III of
the Constitution, were infringed by Section 377 of the Indian Penal Code, 1860.
The Counsel submitted that though the Curative petition against the Kaushal Judgment is pending before the Court, the
issues for challenge to Section 377 IPC raised by the petitioners in the present petition are varied and diverse from
raised in the Curative Petition
The petitioners have raised the following questions of law in the petition;
1. Whether Section 377 of the Indian Penal Code is unconstitutional and violative of Part III of the Constitution of
India, and thus, ought to be struck down?
2. Alternatively, whether Section 377 of the Indian Penal Code ought to be read down to exclude its applicability to
consensual sexual acts of adults in private, so as to safe-guard the fundamental rights of such consenting adults?
According to the petitioners the continuance of Section 377 IPC on the statute books in free and independent India
makes it all too clear that the constitutional guarantees of equality, fraternity, dignity, life and liberty, which are the basis
of the constitutional contract on which this country was founded, are not extended to the Petitioners.
"Section 377 of the IPC criminalises a core part of a person’s identity solely on account of his or her sexuality and thus
violates Article 21 of the Constitution. Section 377 IPC denies LGBT persons their rights to full personhood, sexuality,
sexual autonomy, and choice of sexual partner, which are implicit in the notion of life under Article 21 of the
Constitution of India. This Hon’ble Court has upheld the right to choice of conjugal partner under Article 21 of the
Constitution of India", states the petition.
Read the Petition Here
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3/6/2020 Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment Which Upheld The Vires Of S.

377 IPC [Read Petition]

Hi, Ashit Logout

Breaking: SC To Reconsider Suresh Kumar Kaushal Judgment

consideration of the larger bench.

raised in the Curative Petition

India, and thus, ought to be struck down?

Read the Petition Here

SIMILAR POSTS + VIEW MORE

[CARTOON] Let Me Ask This Question To Myself My Lord

LAW FIRMS + MORE

Patent Agent Vacancy In A Leading Full Service Law Firm

5 FCRA - Organizations Supporting Public Causes Without Political A

लाइव लॉ िहं दी + MORE

2 Madhya Pradesh HC Issues Directives/Suggestions To Curb 'Plastic Pollution' [Read Judgment]

1. Professor (Law) Vacancy At Himachal Pradesh National Law University, Shimla

2. Associate Professor (Law) Vacancy At Guru Nanak Dev University, Amritsar

3. Professor (Law) Vacancy At Guru Nanak Dev University, Amritsar

4. Law O cer Vacancy At Baba Farid University Of Health Sciences, Faridkot

5. Civil Judge Vacancy At Telangana

TOP STORIES KNOW THE LAW

NEWS UPDATE LAW FIRMS

COLUMNS JOB UPDATES

INTERVIEWS BOOK REVIEWS

INTERNATIONAL EVENTS CORNER

RTI UPDATES COVER STORY

EDITOR'S PICK PLACEMENTS

LAW SCHOOL CORNER SCHOLARSHIPS

CALL FOR PAPERS ENVIRONMENT

COMPETITIONS BOOK REVIEWS

© All Rights Reserved @LiveLaw

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