In IPC section 377 case Supreme Court lost an opportunity

Saturday, December 14th, 2013 @ 7:01AM

Media Release (13-December-2013):

Supreme Court has reversed the position of Delhi High Court vis-a-vis IPC sec. 377 and has iterated that it is for parliament to decide on it.
Indian constitution has vested Supreme Court with duty to protect citizens against laws that violate constitutional rights granted to the people. Clearly court has failed to strike down an illiberal British era law that violates right to privacy, liberty and life with dignity. “What happens between two consenting adults in the privacy of their bedroom is their own affair. It is wrong to criminalize it.” iterates Lok Satta Party National President Dr Jayaprakash Narayan.

Lok Satta Party is very concerned at the court’s observation that ‘a  miniscule  fraction  of  the  country’s  population constitute [LGBT persons]’. A bad law is a concern for all of us even if only a single citizen is affected.

It is heartening to note that quite a few MPs are in favour of repealing IPC 377. Previous Law commissions have recommended that we remove more than 1300 colonial era laws that are not fit for a free nation. Some laws are as old as 1839 and violate many of our fundamental rights.

Lok Satta demands that this opportunity be used for deep introspection, that present Law Commission undertake comprehensive review of colonial laws and that parliament repeal or amend them as befits a modern liberal democracy.

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