Supreme court refuses to review petition on gay sex.

[T90TankGuy]

Then clearly you have a problem with your judicial system.

Wow what an idea sirji

 

[SirHatesALot]

The supreme court can strike down any law which they deem is unfair and regressive and hurts the innocent. it was what the Delhi high court did , but one judge of the supreme court felt different i guess and now a few more do so .

There are certain conditions that are needed to meet while striking down the law for ex effected population,does the law obstruct their basic rights etc.
This law doesn't go against their basic rights and this is much more related to policy issue(i think).

 

[T90TankGuy]

There are certain conditions that are needed to meet while striking down the law for ex effected population,does the law obstruct their basic rights etc.
This law doesn't go against their basic rights and this is much more related to policy issue(i think).

Its a basic right of any person in India to live the way he wants and to chose the life partner he wants. its our religious beliefs which are holding this article 377 to ransom.
no one is forcing you to be gay but if you are then you should be allowed to be your self without the fear of police harassment.

 

[neehar]

The supreme court can strike down any law which they deem is unfair and regressive and hurts the innocent. it was what the Delhi high court did , but one judge of the supreme court felt different i guess and now a few more do so .

no..supreme court can over rule only in case of laws or constitutional amendments which are made against the "basic principles" of the constitution.not in every case.further supreme court can only direct the legislature to amend the law.which was already done in this case.

 

[SirHatesALot]

Its a basic right of any person in India to live the way he wants and to chose the life partner he wants. its our religious beliefs which are holding this article 377 to ransom.
no one is forcing you to be gay but if you are then you should be allowed to be your self without the fear of police harassment.

I wouldn't say its religious beliefs alone but our society which creates more problems assuming being gay becomes legal and gay marriages too do you honestly think our society will accept them?

 

[saikumar]

Great decision by Supreme court...

correct bro

 

[T90TankGuy]

I wouldn't say its religious beliefs alone but our society which creates more problems assuming being gay becomes legal and gay marriages too do you honestly think our society will accept them?

That our problem if we accept them or not , but we shouldn't stop gays and lesbians from living their lives.

no..supreme court can over rule only in case of laws or constitutional amendments which are made against the "basic principles" of the constitution.not in every case.further supreme court can only direct the legislature to amend the law.which was already done in this case.

In that case was the Delhi high court over exceeding its self?

 

[vicky sen]

@Ravi Nair Any comments?

 

[neehar]

In that case was the Delhi high court over exceeding its self?

yes,thats what supreme court has said..now so that sc has already directed the parliament to take a stand on it.its in their hands.and like always they tried to play to the gallery and used this for elections making SC villian and themselves as angels.

 

[T90TankGuy]

yes,thats what supreme court has said..now so that sc has already directed the parliament to take a stand on it.its in their hands.and like always they tried to play to the gallery and used this for elections making SC villian and themselves as angels.

So are you for or against scraping the 377?

 

[neehar]

So are you for or against scraping the 377?

it must be removed.but must be done according to the procedure.i'm just trying to say that supreme court just followed the law and it cant be blamed for doing its duty.

 

[T90TankGuy]

it must be removed.but must be done according to the procedure.i'm just trying to say that supreme court just followed the law and it cant be blamed for doing its duty.

While i agree with you that it must be removed i feel the SC should have upheld the HC verdict. lets agree to disagree.

 

[neehar]

While i agree with you that it must be removed i feel the SC should have upheld the HC verdict. lets agree to disagree.

this is what i was talking about
The section was declared unconstitutional with respect to sex between consenting adults by the High Court of Delhi on 2 July 2009. That judgement was overturned by the Supreme Court of India on 11 December 2013, with the Court holding that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary.

Section 377 of the Indian Penal Code - Wikipedia, the free encyclopedia
no one is above the constitution.not even supreme court or high court.

 

[T90TankGuy]

this is what i was talking about
The section was declared unconstitutional with respect to sex between consenting adults by the High Court of Delhi on 2 July 2009. That judgement was overturned by the Supreme Court of India on 11 December 2013, with the Court holding that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary.
Section 377 of the Indian Penal Code - Wikipedia, the free encyclopedia
no one is above the constitution.not even supreme court or high court.

The govt was of the opinion (and stated it in court) saying that 377 should be struck down . they know it cant be passed in parliament because of the narrow minded people across party lines so they took a realistic approach .

 

[neehar]

The govt was of the opinion (and stated it in court) saying that 377 should be struck down . they know it cant be passed in parliament because of the narrow minded people across party lines so they took a realistic approach .

ofcourse..theres risk.which is why people elect them.to take complex decisions. thats why executive and judiciary are accountable to them.the path they've taken is not a realistic approach.as i said its out of bounds of supreme court.unfortunately those parties are making ppl believe that this is all fault of supreme court.and some citizens fell for this whole episode..