In Dec 2013, angry with the treatment meted out to diplomat Devyani Khobragade in the USA, former External Affairs Minister Yashwant Sinha had demanded a thorough search of officials in the American Embassy in New Delhi and take necessary actions as per law.
Yashwant Sinha’ might be a ‘liberal’ hero these days for his constant attacks on the Modi government, but there was a time when he wanted to use Section 377 to crackdown on ‘companions’ of US diplomats.
In Dec 2013, angry with the treatment meted out to diplomat Devyani Khobragade in the USA, former External Affairs Minister Yashwant Sinha had demanded a thorough search of officials in the American Embassy in New Delhi and take necessary actions as per law.
"There should be a thorough search of the so-called diplomats in the American Embassy as many officials who should not get diplomatic status have diplomatic IDs, and action should be taken against them as per law," Sinha told reporters. Condemning the handcuffing and strip-searching of Khobragade, he said, "International relations are akin to requiring both hands for clapping. But America has refused to withdraw the case against Devyani, which leaves a question mark on whether it will apologise for what had happened to her."
He had said: “My suggestion to the Government of India is, the media has reported that we have issued visas to a number of US diplomats' companions. 'Companions' means that they are of the same sex. Now, after the Supreme Court ruling, it is completely illegal in our country, just as paying less wages was illegal in the US. So, why doesn't the government of India go ahead and arrest all of them? Put them behind bars, prosecute them in this country and punish them.”
A five-judge Constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.
The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, struck down Section 377 as being violative of right to equality.
The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.
Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
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