Court’s duty to strike down law if it violates fundamental right: SC

NEW DELHI: Raising hopes for those seeking decriminalisation of consensual gay sex, the Supreme Court today asserted that courts cannot wait for a “majoritarian Government” to decide on enacting, amending or striking down a law if it violates fundamental rights.

Hearing a clutch of pleas challenging the validity of section 377 of the IPC, a five-judge Constitution bench headed by Chief Justice Dipak Misra, however, made clear that it may not strike down the law completely and deal with it to the extent it relates to consensual acts between two adults.

“If section 377 of the IPC goes away entirely, there will be anarchy. We are solely on consensual acts between man-man, man-woman. Consent is the fulcrum here. You cannot impose your sexual orientation on others without their consent,” the top court said while allaying apprehensions of those opposed to the decriminalisation of the penal provision. (AGENCIES)

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