September 6th, 2018 | Updated on September 13th, 2018
Decriminalizing consensual sex between two adults irrespective of their gender, the Supreme Court struck down section 377 IPC in a landmark judgement. “I am what I am. So take me as I am,” said Chief Justice of India Dipak Misra while delivering the historic verdict.
Homosexuality is not an offence in India, five Supreme Court judges today ruled in a concurrent judgement.
A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra and and comprising Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, unanimously delivered the judgment hearing a bunch of petitions moved by five celebrity petitioners- dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur- to scrap the law, challenging criminalisation of homosexuality.
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The Supreme Court reversed its own 2013 decision and said Section 377, a controversial British-era ban on consensual gay sex, is irrational and arbitrary.
“Section 377” banned “carnal intercourse against the order of nature with any man, woman or animal” — which was interpreted to refer to homosexual sex.
Calling the Supreme Court verdict a historical judgment, Karan Johar wrote, “So proud today!”#Section377 #377Verdict #LGBT
https://t.co/BEVuPSJuTZ— IE entertainment (@ieEntertainment) September 6, 2018
Terming sexual orientation as a biological phenomenon, the top court said that any discrimination on this grounds is violative of fundamental rights. As far as consensual unnatural sex act in private is concerned, it is neither harmful nor contagious to society, the top court observed.
Section 377 is violative of the right to live with dignity, the top court observed. It added that society cannot dictate sexual relationships between consenting adults as it is a private affair.
Homosexuality is not a mental disorder. It is a completely natural condition, the court said. It also said that India is a signatory of international treaties on the rights of LGBT and it is obligatory to adhere to the treaties.
The Chief Justice said: “The society is now better for individualism…Respect for individual choice is the essence of liberty; LGBT community possesses equal rights under the Constitution.”
The court said both the government and media must give wider publicity to the top court’s verdict to ensure the community does not face any discrimination.
Here Are The Top 5 Quotes Of The Supreme Court On Section 377:
- “Section 377 was a weapon to harass members of LGBT community, resulting in discrimination.”
- Section 377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights.”
- “No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums”
- “Autonomy of an individual is important. He or she can not surrender it to anyone”
- “Homosexuality is not a mental disorder”
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Source: NDTV, Indian Express
