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    Thursday, September 6, 2018

    Section 377 Struck Down: Historic Decision by the Supreme Court of India

    Patiala, India: The Supreme Court's five-member constitution bench on Thursday unanimously rejected the Section 377 (Section 377) of the 158-year-old IPC under which the unnatural sex was mutually correlated with mutual consent. The Constitution Bench headed by Chief Justice Deepak Mishra has said that the section 377 (Section 377), which puts the unnatural sexual relationship under the purview of crime, is not irrational, sheer arbitrary and defenseless. Other members of the Constitution bench included Justice RF Nariman, Justice AM Khanvilkar, Justice Dhananjay Y Chandrachood and Justice Indu Malhotra. The Constitution Bench terminated Section 377 (Section 377), partly by saying it violates the right of equality provided in the Constitution. The Bench delivered four separate ideologies but mutually agreed on decisions.

    Under this section, not only between two men or two women, the unnatural sex relations (oral and anal sex) created between a man and a woman was also kept in the category of crime, but unanimous Constitution Benches Justice Indu Malhotra clarified that these types of sexual relations will not be considered as a crime. In fact, the provisions made till date of section 377 had been stated that If no women and men do 'sexual acts against nature', then it is not allowed, but the Supreme Court said, no man and woman also do unnatural sex (anal and oral sex), that too is now 'permissible'.

    At the same time, Justice Indu Malhotra, a member of the five-member Supreme Court bench, which legally legitimized homosexuality, also clarified that this new decision will not make any difference in the old cases, but till now the matters of ongoing courts The accused will definitely benefit from Thursday's decision. They said, "In cases where the prosecution has been completed under section 377, and the verdict has been passed, those matters will not be opened again with our decision, but the cases which are still pending are can be challenged through Thursday's judgment.

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    Item Reviewed: Section 377 Struck Down: Historic Decision by the Supreme Court of India Rating: 5 Reviewed By: ECAS India
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