: Danish Sheikh’s theatrical response to Section 377 litigation can now be read as well as watched #IndiaNEWS LAWYER: Your lordships, I stand before you today in the matter of Suresh Kumar Koushal
Danish Sheikh’s theatrical response to Section 377 litigation can now be read as well as watched #IndiaNEWS
LAWYER: Your lordships, I stand before you today in the matter of Suresh Kumar Koushal v Naz Foundation. This is a matter that affects the lives of millions of citizens in our country. We argue that Section 377 of the Indian Penal Code is unconstitutional, that it criminalises the intimate lives of lesbian, gay, bisexual, transgender individuals in the country, that it exposes them to harassment, blackmail, persecution, prosecution. In 2009 the Delhi High Court held that it does violate the Constitution, that as far as two adults who have consensual sexual intercourse in private are concerned, they should not, they cannot be criminalised under the law –JUDGE 1: So the question before us is whether the Delhi High Court judgement is correct or not. LAWYER: I respectfully submit your lordships that the question is broader, and it is one that is stated in the petition. JUDGE 2: And can you formulate that for us, counsel? LAWYER� Your lordships, the question is whether Section 377 of the Indian Penal Code, as it is interpreted today, is violative of Articles 14, 15 and 21 of the Constitution. We thus do not ask you to merely consider whether the Delhi High Court was wrong or right...Read more
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