The Judiciary is Independent, But Are We?

(Also read one of our previous article on 'Homosexuality In Legality' written by Shashank Sahay )

The newspapers and social networking sites are overflowing with criticism of the Supreme Court's decision Suresh Kumar Koushal & Anr. v. NAZ Foundation & Ors., which has upheld the constitutional validity of section 377 of the Indian Penal Code and upheld the illegality of homosexual intercourse.

I am reminded an incident which took place in my first year of law school. I was attending a guest lecture on 'Constitutional Jurisprudence' by the then sitting  Hon'ble Supreme Court Judge, Justice Markandey Katju. During the Q&A session, one of my professors asked the Hon'ble Judge why the judiciary was not doing anything substantial to tackle the problem of the corrupt politicians and MPs. Justice Katju shot him down immediately (not literally), "It is you who vote for these people, it is you who put them in power, and then you come crying to the courts!", Justice Katju shouted.

Homosexuality In Legality

This article is written by Shashank Sahay

Introduction

The basic tenet of Indian constitution lies in the principle of inclusiveness.  Unfortunately homosexuals have been continuously harassed, demeaned and secluded from the society. This has been carried out under section 377 IPC which directly targets their right to equality and freedom of expression, hereby overruling article 14 and 19 of the Indian constitution . The proposition, which the researchers would moot would be the decriminalization of homosexuality. In our country even the rapist (or alleged) are not kept under judicial custody on non bail able warrants, but this is not the same for the homosexuals. If the person alleged of heinous crime such as rape is provided with such a soft cushion in our legal system, then there shouldn’t be any kinds of discrimination  in relation to homosexuals indulging in sexual intercourse with each other’s consent contrary to the rapists ,who by assault or external force induces themselves in sexual intercourse with  person against his or her will outlawing the opinions of certain reserved section of the society. The purpose of