Viewing a single comment thread. View all comments

stonedkrypto t1_j0xytjb wrote

Reply to comment by SamurottX in Gay couples in India ask Supreme Court to legalise same-sex marriage by Cockahoop_Pirate

I’m no longer in India but still follow news. SC acts pretty independently from the govt. There have been cases when they have been at odds and most of the time govt has to comply. If I recall correctly the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law( which they did). It’s not clear atm what legal arguments are to be made in case of same sex marriage but pretty confident SC will work towards it than oppose it.

Edit: as corrected by /u/throwreddit666 the Parliament never struck down the law but SC itself later revisited to term it unconstitutional.

30

throwreddit666 t1_j0zywss wrote

>the case to decriminalise homosexuality was referred by SC to be taken up by in legislation instead as court felt it didn’t have a legal right to change that law(which they did).

This is completely incorrect. That particular provision which criminalises sodomy was read down by the supreme court to not include consensual sex between consenting adults of any gender. The decriminalisation of homosexuality was not brought about by any legislation.

2

stonedkrypto t1_j1032w2 wrote

Thank you for the correction. It was the initial opinion of the SC “The Court held that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.” But later revisited and termed section 377 unconstitutional.

1