Amid speculations on whether the Supreme Court would strike down Section 377 of the Indian Penal Code (IPC) or screw over the LGBTQ+ like they did back in 2013, Twitter had a ball lusting after the legal representatives arguing for the case. Former Attorney General Mukul Rohtagi and Senior Advocate Arvind Datar, who represented the petitioners, turned out to be the real stars of Tuesday’s hearing, which is actually a pretty low bar tbh since the court was adjourned.
Arguing for the motion to repeal Section 377—which criminalises non-peno-vaginal intercourse, effectively criminalising homosexuality—Rohatgi highlighted the “innate” nature of sexual orientation. Rohatgi, who argued the case for the lead petitioner Navtej Singh Johar, also observed the relevance of homosexuality in Indian history and mythology. He told the bench, “As society changes, values change. What was moral 160 years ago might not be moral today.”
Datar, who represented Keshav Suri, cited previous judgements and cases, including the SC judgement on Right to Privacy, which “eclipses Section 377”. He also referred to Jason Jones vs Attorney General of Trinidad and Tobago, which struck down laws criminalising consensual sex between men on the basis of Puttaswamy judgement.
The arguments resonated with people, many of whom took to Twitter, rooting for Rohatgi and Datar.
Man’s killing it in court.
Arvind Datar, I love you.#Section377 #Sec377 pic.twitter.com/XV6KsJQVot
— Vishal Muralidharan (@Silverblood711) July 10, 2018
Mukul Rohatgi being a legit mood in the Supreme Court today. #therealMVP #Section377 #westandagainst377 https://t.co/fqDaJ1XLGV
— Suprita Ranjan (@SupritaRanjan) July 10, 2018
#Section377 Arvind Datar is dropping piping hot tea with a plate of solid FACTS
— Rtunjya Gujral (@Rtunjya) July 10, 2018
Petition to give Mukul Rohatgi a new nickname: Velvet Thunder #LoveIsLove #Pride #20GayTeen
To hell with #Section377— angry indian peacock (@morgussahai) July 10, 2018
“It is inescapable that Right to Life includes right to sexual orientation.” Arvind Datar beautifully summarising arguments for petitioners seeking repealing of #Section377 #rightolife #indiaforall
— Rashmi Aich (@rashmiaich) July 10, 2018
Petition to give Mukul Rohatgi a new nickname: Velvet Thunder #LoveIsLove #Pride #20GayTeen
To hell with #Section377— angry indian peacock (@morgussahai) July 10, 2018
Mukul Rohatgi the real MVP #Section377
— DOROTHY // Outro: Tear Enthusiast (@DorothyBodhak) July 10, 2018
Anyone else here crushing like mad on Mukul Rohatgi today?
— Stelly (@Stellla_Artois) July 10, 2018
A few people, however, dug into Rohatgi’s previous cases, implying that he doesn’t deserve the appreciation from today’s hearing.
Lol he has made the most absurd arguments fighting for evil causes.. Know your history
— (@sleepyiguana1) July 10, 2018
Please read his arguments on behalf of the Union of India in the Manipur extra judicial encounters case. If your boner is still on, then you’ll know your politics better.
— Makepeace Sitlhou (@makesyoucakes) July 10, 2018
Mukul Rohatgi gaining liberal chips today by standing tall on a morally settled issue. Would advise fawners to check his arguments on Manipur extra judicial executions, right to privacy and Hadiya, among others.
— Makepeace Sitlhou (@makesyoucakes) July 10, 2018
In the past, Rohatgi has represented Nupur Talwar in the Noida double murder case, argued against Right to Privacy, and had also defended the accused in the 2G scandal. But, what are you going to do? Lawyers gonna argue whichever case they get paid for, right?
Meanwhile, the verdict on Section 377 is yet to be delivered. The apex court will now resume hearing for the case tomorrow.
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