Section 377

[Sushubh]

Well yeah. But isn't this government in favor of gay rights? From what I read on Wikipedia... They were earlier against decriminalization of gay sex. But they changed their position at a later stage and said it should be decriminalized?
Also... If the government is in favor of gay rights... What is stopping them from killing section 377? I guess they do not have the courage to support it on such a large scale to alienate orthodox voter base?

 

[Navjot Singh]

From what it seems Govt. is in a fix. They can't decide which way to go. You support it and get a backslash from minorities. You oppose it and you will have to face road protests which in recent times haven't proved very healthy for Congress in general.

 

[Sushubh]

I guess that explains why they pushed it on the courts to overrule. And courts sadly undermined their own authority to strike down absurd laws putting the ball back in government's court.

 

[Navjot Singh]

Yeah. No one actually cares. The authorities are playing ping pong with this one. Its like mai apne haath gande kyun karun? Tu decide kar. Nahin Tu.

 

[genie]

People don't understand the Supreme Court has no powers to make laws or amend laws. This order is merely complying with the existing IPC code which generally applies to unnatural sex with either man, woman or animal. The government should have taken the initiative to amend the law which is the correct procedure to be followed as per the constitution.
And to make matters worse for the public the media also does not bother to explain it properly but instead they go on reporting about who said what blah blah yak yak. If this country has to improve first everyone should get properly educated....including law makers and journalists.

 

[Sushubh]

mmm. i am pretty sure supreme court can set a precedent negating any law that it seems inappropriate?

 

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[genie]

mmm. i am pretty sure supreme court can set a precedent negating any law that it seems inappropriate?

Yes the SC has the authority to strike down a law if it is against the constitution or violates the fundamental human rights. This is what they did with AADHAAR ruling. However in this case they are considering an issue to which there is a significantly large majority of the people having polarized opinion about it. So how should the SC decide which is appropriate and which is not appropriate.....?

 

[Sushubh]

If SC declared Aadhaar unconstitutional, how is it still alive?

 

[Navjot Singh]

Kapil Sibal's Tweet

The Govt is considering all options to restore the High Court verdict on #377. We must decriminalise adult consensual relationships.

Yeh lo.

 

[Sushubh]

Deserves a retweet!
So what is happening now? BJP behaving like a troll and UPA behaving like nice people?