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LATEST NEWS UPDATES | We'll strike down any law that violates rights, says SC -Dhananjay Mahapatra

We'll strike down any law that violates rights, says SC -Dhananjay Mahapatra

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published Published on Jul 18, 2018   modified Modified on Jul 18, 2018
-The Times of India

NEW DELHI: Reserving its verdict on pleas seeking decriminalisation of Section 377 of the IPC to protect sexual orientation of LGBTs, the Supreme Court refused to leave the matter to Parliament and asserted its right on Tuesday to overturn and change laws enacted by a majority government if they were violative of fundamental rights.

A bench of Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra refused to entertain concerted requests from various organisations to leave the decision to Parliament given the wide ramification of legalisation of gay sex on matrimonial and civil laws.

"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 law. It is for us to strike it down the moment something violates fundamental rights," the bench said.

It brushed aside as "far-fetched" arguments that decriminalisation of Section 377 could legalise incest, group sex and sodomy.

Appearing for two Christian organisations, advocate Manoj George attempted to stall the SC juggernaut rolling in favour of legalising gay sex and succeeded in extending the 90-minute limit which the court had fixed for those opposing the pleas to 180 minutes.

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The Times of India, 18 July, 2018, https://timesofindia.indiatimes.com/india/well-strike-down-any-law-that-violates-rights-says-sc/articleshow/65031286.cms


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