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Sexuality not part of free speech, Jaitley on Section 377 verdict


Speaking on Section 377 verdict of Supreme Court, Finance minister Arun Jaitley said that he disagrees with Supreme Court calling sexuality a part of free speech. According to him, it raises questions on restraining any form of homosexual or bisexual activity in a school hostel, prison or army frontier.

“I disagree with the judicial view in the apex court judgment that sexuality is a part of free speech,” the minister said at the HT Leadership Summit 2018 in New Delhi.

While decriminalising gay sex, the SC had said, “Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression.”

“The problem comes when writing these historical judgements, you get carried away and want to be part of history and therefore you go a step further,” Jaitley said on Saturday .

Expressing his views on adultery, Jaitley said that the judgment could change the Indian family system into a western family system where the fragility of marriages may increase.

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On the Supreme Court allowing women’s entry into the Sabarimala shrine, he said such a ruling cannot happen on select practices as it may have many social consequences.

“It can’t happen that you select a practice and apply it because that will have many many social consequences in pluralist society like India. If you start stepping into the religious practices and customs and say (Article) 14 must be tested on… personal law and (Article) 14 must be tested in Article 21, then will it apply to polygamy? Will it apply to oral divorces? Will it apply to other religions where ladies are not allowed to enter religious places?,” he said.








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