'Let's hope for a bench that cares for love and equality': Twitter reacts to SC's decision to review Sec 377

The Supreme Court today referred to a larger bench a plea seeking decriminalisation of gay sex between two consenting adults. 

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the issue arising out of section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Section 377 of the IPC refers to 'unnatural offences' and says whoever voluntarily has carnal inter course 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 ten years, and shall also be liable to pay a fine.

The bench was hearing a fresh plea filed by one Navtej Singh Johar seeking to declare section 377 as unconstitutional to the extent that it provides prosecution of adults for indulging in consensual gay sex.

Senior advocate Arvind Datar, appearing for Johar, said the penal provision was unconstitutional as it also provided prosecution and sentencing of consenting adults who are indulging in such sex.

"You can't put in jail two adults who are involved in consenting unnatural sex," Datar said and referred to a recent nine-judge bench judgement in the privacy matter to highlight the point that the right to choose a sexual partner was part of fundamental right.

He also referred to the 2009 Delhi High Court judgement delivered on a plea of NGO 'Naz Foundation' in which the provision was held unconstitutional.

Subsequently, the apex court in 2014 had set aside the high court judgement and termed the provision as constitutional.

After the dismissal of the review plea against the 2014 judgement, a curative plea was filed which was referred to a larger bench.

The fresh plea of Johar and others will now also be heard by the larger bench. 

Here's how Twitter reacted: 

I shall celebrate. I shall not hide. We will create bars not only to select partners but to live free and happy amongst our own. And what is "it"? Sex? That fact we are queer? The fact you can't digest it? What is the "it"? https://t.co/d4n1PeCjqU

— Vivek Tejuja (@vivekisms) January 8, 2018

#377 I'm going to wait to see the text of the order before commenting further on this, but I fail to understand how the SC can issue notice and call for "reconsidering" a judgment which is already pending reconsideration before it in curative proceedings!

— Gautam Bhatia (@gautambhatia88) January 8, 2018

Before we celebrate with hashtags, SC decided to reconsider ruling on Sec 377 IPC in June 2016 when TS Thakur was CJI. No 5-judge bench yet.

— Apurva Vishwanath (@apurva_hv) January 8, 2018

Good news today: SC bench to reconsider constitutional validity of section 377! 

— Shilpa Rathnam (@shilparathnam) January 8, 2018

It's heartening to see SC deciding to revisit its earlier verdict on Sec 377-- an archaic section which violates fundamental rights. Waiting for the day SC relooks at its verdict on criminal defamation, again an anachronistic provision that shd have no place in modern India.

— Ashish Khetan (@AashishKhetan) January 8, 2018

Can we please keep him focused on going after the Gandhis & Chidu, breaking-up Pak into 4 parts, and building a grand Ram temple at Ayodhya!!! https://t.co/pd78JJYMbJ

— Shivani Sahay (@Savitri4Ever) January 8, 2018

Dear Mr. Swamy, it is 2018. Kindly consider talking with a few people from the generation after yours. The old guard needs to learn or leave. Proceed to retire gracefully. Leave the spot open for someone kinder & smarter. Go in peace. https://t.co/ZVu7hl7VXJ

— Naina (@Naina) January 8, 2018

Excellent. Decriminalise it. Only a perverse society punishes people for loving. #Section377 https://t.co/bLFmqfX3Rq

— Abhijit Majumder (@abhijitmajumder) January 8, 2018

My only request to fellow media professionals talking about #section377 today: Please scrub tickers and headlines calling it a "gay sex debate"

— Dhrubo Jyoti (@dhrubo127) January 8, 2018

here's hoping for a bench that cares about:
universal declaration of human rights
equality
love#Section377

— antara ganguli (@antaraganguli) January 8, 2018

Indian #SupremeCourt will reconsider #LGBT laws. pic.twitter.com/mR6udOFy9A

— WION (@WIONews) January 8, 2018