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Lawyer terms section 377 arbitrary and unconstitutional during SC hearing

New Delhi | Lawyer Meeneka Guruswamy who represent one of the pettioners in the Supreme Court hearing for pleas seeking scrapping of Section 377 of the Indian Penal Code (IPC) which criminalises homosexuality on Wednesday said that the section is ‘arbitrary’ and ‘unconstitutional’.

“Section 377 is arbitrary and unconstitutional. It violates Articles 15, 19, 21 of the Constitution,” said Guruswamy while arguing the fact that it discriminates on the basis of the gender of the partners.

Meeneka Guruswamy while speaking about the voilation of article 15 said, “It is a violation of Article 15 because the discrimination revolves around the sex of the partner.” She further added that “It is based on Victorian morality that people should have sex only with opposite gender since sex is only for procreation.”

“Lesbian, gay, bisexual and transgender people deserve to be protected by the court, the Constitution and the country and Section 377 denies the LGBT community the equal opportunity of participation in the profession,” Guruswamy argued further.

Menaka Guruswamy further said that Section 377 denies LGBT citizens equal participation in the profession and violates their right to seek employment including State employment and Constitutional offices”.

Earlier the Central government on Wednesday stated that it won’t take a stand on the age old ban on gay sex in India. The final decision will be left to be decided by the wisdom of the apex Court, the government’s lawyer said in the Supreme Court.

Section 377 of the Indian Penal Code deals with “unnatural offences,” and holds “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

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