Our Voices The Orinam Blog

Blog archives

Transgender individuals challenge Section 377 of the Indian Penal Code

July 22, 2016:  A petition representing transgender individuals from Karnataka challenging Section 377  came up before Justice Sikri and Justice Agarwal today.

The Writ Petition by Dr. Akkai Padmashali and others, is similar to the Writ Petittion (Criminal) No. 76 of 2016 [Navtej Singh Johar v. Union of India] in challenging the constitutionality of Section 377, in the sense that the petitioners are directly affected by the Section.

However, it makes the case more persuasive by arguing that the constitutional protections set out by the Supreme Court in National Legal Services Authority Union of India, (2014), protecting the fundamental rights of the Petitioners as transgender persons under Articles 14,15, 19 and 21, are violated by Section 377 of the IPC.

The petitioners have asked that a constitutional Bench of the Supreme Court decide on the constitutionality of Section 377.

Read the petition Akkai_vs_UOI_2016 here. It has been drawn by Jayna Kothari, Varsha Iyengar, and  Rohit Sharma, and filed by  O.P. Bhadani, Advocate for the petitioners.

It has been referred to the CJ.


No comments yet. Add your own »

Leave a comment

Comment Guidelines: Your email address will not displayed. Your comment may be held up for moderation. Language that is deemed unsuitable for decent discussion will be expunged. Avoid pasting raw URLs or large quotations from elsewhere. The opinions expressed here are those of the respective individuals. We reserve the right to take down irrelevant and improper comments without any notice.