Cong welcomes SC decision to revisit gay sex law

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Cong welcomes SC decision to revisit gay sex law

"A section of people or individuals who exercise their choice should never remain in a state of fear", the court said, in response to a case lodged by LBGTI activists arguing the ban has put them at constant risk of arrest.

Some religious conservatives are celebrating the Supreme Court's decision regarding the law, which was strongly supported by Mississippi Gov. Phil Bryant.

The bench, which also included Justices A.M. Kanwilkar and D.Y. Chandrachud, referred to a five-judge Constitution Bench a petition filed against the apex court's 2013 verdict by Navtej Singh Johar, a Sangeet Natak Akademi award-winning Bharatnatyam dancer, and three others seeking a declaration that Section 377 of the IPC is unconstitutional as it penalises adults for indulging in consensual gay sex. "It is an archaic provision, which has no place in 21st century India. the time has come that either the courts must read down Section 377 or the government should repeal Section 377 from the IPC", he said.

Why Supreme Court canceled the Delhi high court order?

On Monday, a three-judge bench headed by Chief Justice of India Dipak Misra made a decision to re-examine the constitutional validity of Section 377 and said the matter would be referred to a larger bench.

LGBT rights groups called the law the "worst in the nation" and the Supreme Court's decision a "missed opportunity". In addition to the advocacy and discussion that followed that setback, subsequent rulings in favor of transgender equality and, most recently, establishing privacy as a fundamental right have help set the stage for the Court to revisit the law. A promising sign, the Court also asked the government to respond to a petition from five LGBTQ people who said they live in fear of police due to their identities. It also asked the Centre to include them in the OBC quota. "The people of Mississippi have the right to ensure that all of our citizens are free to peacefully live and work without fear of being punished for their sincerely held religious beliefs", Bryant said, according to Mississippi Today. The LGBTQ community remains in harm's way every single day that this law is in effect, and we are committed to working with our legal partners to strike this draconian measure once and for all. Underlining the need to bring them into the mainstream, the verdict by a bench of Justices KS Radhakrishnan and AK Sikri said transgenders should have all rights under the law, including marriage, adoption, divorce, succession, and inheritance.

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