The Chief Justice of India Dipak Mishra said, “Denial of self-expression is like death. Section 377 is irrational, indefensible and manifestly arbitrary” and further added, “No one can escape from their individualism. Society is now better for individualism.” Which of the following could be the reason for the statement? I: The verdict was in consideration regarding decriminalizing gay sex and scrapping several parts of Section 377 of the Indian Penal. II: Section 377 violates the different articles of the Indian Constitution - Article 14 which guarantees equality before the law; Article 15 which ensures that no person shall be discriminated based on caste, creed, and gender etc. III: Section 377 guarantees the fundamental rights of the LGBT community.
The Chief Justice of India Dipak Mishra said, “Denial of self-expression is like death. Section 377 is irrational, indefensible and manifestly arbitrary” and further added, “No one can escape from their individualism. Society is now better for individualism.” Which of the following could be the reason for the statement? I: The verdict was in consideration regarding decriminalizing gay sex and scrapping several parts of Section 377 of the Indian Penal. II: Section 377 violates the different articles of the Indian Constitution - Article 14 which guarantees equality before the law; Article 15 which ensures that no person shall be discriminated based on caste, creed, and gender etc. III: Section 377 guarantees the fundamental rights of the LGBT community. Correct Answer Only I and II
Only I and II. The Chief Justice of India Dipak Mishra states that Section 377is irrational and violates the fundamental rights of the individual. Hence, I and II follow. The point III, however, is incorrect as Section 377 denies the fundamental rights of the LGBT community. Thus, option 3 is the solution.