Explorer

Section 377 arbitrary, unconstitutional: lawyer Menaka Guruswamy

New Delhi [India], July 11 (ANI): As the Constitution Bench of Supreme Court continues to hear the pleas seeking scrapping of Section 377 of the Indian Penal Code (IPC) which criminalises homosexuality, lawyer for one of the petitioners Menaka Guruswamy on Wednesday said that the section is 'arbitrary' and 'unconstitutional'.

"Section 377 is arbitrary and unconstitutional. It violates Articles 15, 19, 21 of the Constitution." she argued in the court.

"It discriminates on the basis of gender of the partners," she added.

On violation of Article 15, Guruswamy said, "It is a violation of Article 15 because the discrimination revolves around the sex of the partner".

Arguing her point of view, she further said, "It is based on Victorian morality that people should have sex only with opposite gender since sex is only for procreation," she added.

Articles 15 and 16 are the teeth of equality protection envisaged by the Constitution.

She argued in the court that lesbian, gay, bisexual and transgender people deserve to be protected by the court, the Constitution and the country and Section 377 denies the LGBT community the equal opportunity of participation in profession.

Menaka said, "It denies LGBT citizens equal participation in profession and violates their right to seek employment including State employment and Constitutional offices".

She also said, "Homosexuality doesn't affect a person's career and growth. People have cleared civil service examinations, IIT examinations and other top level competitive exams".

During the previous hearing on Monday, a five-judge Constitution Bench had refused to adjourn the hearing after the Centre sought more time to file its reply.

The Centre requested the court to adjourn the hearing and sought four weeks to file its reply to the petitions.

The bench, led by Chief Justice of India Dipak Misra, however, refused and listed it for today.

Earlier in 2009, the Delhi High Court had decriminalised Section 377 but the order was later set aside by a Supreme Court bench.

Section 377 deals with "unnatural offences," and holds "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." (ANI)


This story has not been edited. It has been published as provided by ANI

View More
Advertisement

IPL Auction 2025

Most Expensive Players In The Squad
Virat Kohli
₹21 CR
Josh Hazlewood
₹12.50 CR
Phil Salt
₹11.50 CR
View all
Most Expensive Players In The Squad
Rishabh Pant
₹27 CR
Nicholas Pooran
₹21 CR
Ravi Bishnoi
₹11 CR
View all
Most Expensive Players In The Squad
Jasprit Bumrah
₹18 CR
Suryakumar Yadav
₹16.35 CR
Hardik Pandya
₹16.35 CR
View all
Most Expensive Players In The Squad
Heinrich Klaasen
₹23 CR
Pat Cummins
₹18 CR
Abhishek Sharma
₹14 CR
View all
Most Expensive Players In The Squad
Ruturaj Gaikwad
₹18 CR
Ravindra Jadeja
₹18 CR
Matheesha Pathirana
₹13 CR
View all
Most Expensive Players In The Squad
Shreyas Iyer
₹26.75 CR
Arshdeep Singh
₹18 CR
Yuzvendra Chahal
₹18 CR
View all
Most Expensive Players In The Squad
Sanju Samson
₹18 CR
Yashaswi Jaiswal
₹18 CR
Riyan Parag
₹14 CR
View all
Most Expensive Players In The Squad
Venkatesh Iyer
₹23.75 CR
Rinku Singh
₹13 CR
Varun Chakaravarthy
₹12 CR
View all
Most Expensive Players In The Squad
Rashid Khan
₹18 CR
Shubman Gill
₹16.50 CR
Jos Buttler
₹15.75 CR
View all
Most Expensive Players In The Squad
Axar Patel
₹16.50 CR
KL Rahul
₹14 CR
Kuldeep Yadav
₹13.25 CR
View all
Advertisement
25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Advertisement

Top Headlines

'GRAP IV To Continue In Delhi': Supreme Flags Failure Of Authorities In Curbing Pollution
'GRAP IV To Continue In Delhi': Supreme Flags Failure Of Authorities In Curbing Pollution
Jharkhand CM Oath Ceremony LIVE: Hemant Soren Sworn In As CM For Fourth Term In Ranchi
Jharkhand CM Oath Ceremony LIVE: Hemant Soren Sworn In As CM For Fourth Term In Ranchi
'Blast Mystery' Deepens In Prashant Vihar, Delhi Police Still Unsure If 'Explosion' Took Place
'Blast Mystery' Deepens In Prashant Vihar, Delhi Police Still Unsure If 'Explosion' Took Place
Sambhal Violence: Muslim Religious Leaders Appeal Community To Offer Friday Prayers In Neighbouring Mosques
Sambhal Violence: Muslim Religious Leaders Appeal Community To Offer Friday Prayers In Neighbouring Mosques
Advertisement
ABP Premium

Videos

Breaking News: Controversy Erupts Over Claim of Temple Inside Ajmer Dargah in RajasthanBreaking News: ED Team Attacked in Delhi's Bijwasan Area | ABP NewsSambhal Mosque Clash: Tightened Security Ahead of Namaz Following Violence | ABP NewsShocking Video from Sambhal Mosque Clash Day Will Leave You Stunned | ABP News
Embed widget