Supreme Court ruling on Sec 377 not applicable in J&K

The Supreme Court on September 6, 2018, pronounced a historic judgement by scrapping down the Section 377 of the Indian Penal Code (IPC) and legalising consensual gay sex, the LGBT+ community across the country, but it will not be applicable in Jammu & Kashmir (J&K).In J&K the Ranbir Penal Code (RPC) rules, and IPC does not automatically extend to the state, which is governed by its separate constitution and a separate penal code.
The RPC, say legal experts, was also framed during British rule in India and is on the lines of the IPC. Though Section 377 has been diluted by the top court's sentence, the RPC still criminalises sex against the order of nature.
To make the SC ruling applicable, J&K Assembly would have to frame a law and send it to the state governor for approval. The governor, in return, must forward it to the President of India for a final nod. Although Jammu and Kashmir is under Governor's Rule, the state Assembly cannot frame any law. Hence, the onus is on J&K governor Governor Satya Pal Malik to send a recommendation to the president.

Comments

ALSO READ

India's polluted stretches along rivers rise from 302 to 351 in two years

Around 90 activists arrested ahead of Modi's Statue of Unity inauguration

South Korean NGOs protest Seoul Peace Prize to Modi, say it's a disgrace

NAPM yatra pays tribute to India's first anti-dam campaigner

Odisha civil society condemns custodial "torture" of forest rights activist

Changing Ahmedabad's name to Karnavati would "efface" Islamic influence and memory

#MeToo petition seeks internal complaint committees in every workplace in India

Out of 190 Goan panchayats, 140 have passed resolution against shipping corridor to "help" corporates

Tribal farmers' arrest ahead of Statue of Unity function "biased, repressive": mm&P

Statue of Unity "undermines" Adivasis' faith in Varata Baba on Sadhu Bet: NBA