SureshKumarKoushalandAnotherVsNazFoundationAndOthers by OutlookMagazine
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Suresh Kumar Kaushal v. Naz Foundation
The Supreme Court rules "Section 377 IPC does not suffer from the vice of unconstitutionality and the declaration made by the Division Bench of the High court is legally unsustainable" thus once again criminalising Gay sex
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According to the Delhi HC - NO and according to the SC - YES. Unless this judgement is overturned by a larger bencj, the onus is on the govt to change the law. This is not likely to happen in the near future because no political party will want to alienate the moral right, of all religions, just before a general election. Wonder when such a coalition of religous extremists were last in accord on anything.
The question is not whether homosexuality is a crime under 377. The question is whether 377 is consistent with our constitution.
Wish the media debated more 'judgements' by our Courts ( and the delay ) like this one.
( Though they may not fit in with the media agenda )