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From July10, 2018, the Constitution bench of Supreme Court will commence hearing, on four important cases referred to it. The matters comprise of petitions challenging the constitutional validity of IPC sections penalising homosexuality and adultery, entry of women in Sabarimala.
Navtej Singh Johar v Union of India [Revisiting Criminalisation Of Homosexuality]
The two-judge bench judgment which upheld the constitutional validity of S.377 of the Indian Penal Code in Suresh Kumar Kaushal v Naz Foundation will be re-considered by the constitution bench. While referring the matter to the constitution bench, the bench headed by the Chief Justice noted that Section 377 IPC, cannot be regarded as a restriction which is reasonable on the exercise of one’s fundamental rights.
Indian Young Lawyers’ Association v State of Kerala [Sabarimala Women Entry]
While raising this issue before the constitutional bench, the three-judge bench raised questions on discrimination and the violation of Article 14, 15, 17 and can Article 25, 26 be used as an umbrella.
Joseph Shine vs Union of India [Adultery Law Outdated?]
The Constitution bench will look into whether the earlier judgments are to be reconsidered, which had upheld the IPC provisions penalising adultery, in regard to the social progression, perceptual shift, and gender equality.
Public Interest Foundation v Union of India [Whether A Legislator Is to Be Disqualified at The Stage Of Framing Of Charge Against Him]
The constitution bench will give an answer to the question that ‘whether a legislator facing criminal trial should be disqualified at the very stage of framing of charges against him by the trial court’. In past, questions have been raised that whether the disqualification of membership can be done by parliament.
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