SC on section 377 says 'It is for us to strike it down the moment something violates fundamental rig

“The moment we are convinced that there is a violation of fundamental rights, we cannot leave anything to the legislature

section 377 SC on section 377 says 'It is for us to strike it down the moment something violates fundamental rights' Source : Press

In the historic judgement on Tuesday five-judge constitution bench led by the chief justice of India Dipak Mishra reserves its verdict on section 377. 


Supreme Court in its judgment raised many hopes among those who have challenged the Indian Penal Code Section 377, which criminalises same-sex relations between two consenting adults in private, the Supreme Court on Tuesday observed that it does not wait for "majoritarian governments" to act if it finds that a law violates fundamental rights."The moment we are convinced that there is a violation of fundamental rights, we cannot leave anything to the legislature.

The verdict was against the petitions opposing the Constitutionality of Section 377, Justice RF Nariman one of the five judges observing the verdict said, ... "The whole object of the fundamental rights chapter is to strike down laws that violate fundamental rights which majoritarian governments may find difficult to do because of vote bank concerns etc. If the court finds the violation of fundamental rights, we don't wait for majoritarian governments to act".

The bench hearing the verdict comprises of Chief Justice Dipak Misra, Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra rejected the idea to transfer the decision to parliament. 


The bench has made it clear that "The moment there is a finding that a provision violates the fundamental rights of citizens, this court has the power to strike it down, irrespective of the majoritarian government's power to repeal, amend or enact the law. It is for us to strike it down the moment something violates fundamental rights."


This historic verdict observed by Supreme Court definitely brings a ray of hope among this section of the society.


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