SC verdict on Article 377: Gay sex no more a criminal offense
New Delhi : Supreme Court on Thursday ruled a landmark verdict, scrapping the controversial Section 377- a 158-year-old colonial law on consensual gay sex. "LGBT Community has same rights as of any ordinary citizen. Respect for each others rights and others are supreme humanity. Criminalising gay sex is irrational and indefensible," said Chief Justice Dipak Misra, who headed the five-judge bench hearing the case.
The Supreme Court had started hearing petitions against the ban on Article 377 in July this year.
#Section377 in Supreme Court: CJI Dipak Misra observes, "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."
— ANI (@ANI) September 6, 2018
What Supreme Court said on Article 377?
Primary objective of having a Constitutional society is to transform the society progressively; Constitutional provisions should not be interpreted in literal sense.
Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression.
LGBT Community has same rights as of any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible.
The provision of IPC had resulted in collateral effect in that consensual sex between LGBT person is criminalised and is violative of Article 14.
What is Article 377?
Section 377 refers to 'unnatural offences' and says whoever voluntarily has "carnal intercourse against the order of nature with any man, woman or animal", shall be punished by up to 10 years in jail under the 1861 law.
The decision has been hailed massively across the country, read reactions below:
Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt pic.twitter.com/grA64TTB3w
— Swara Bhasker (@ReallySwara) September 6, 2018
#WATCH People in Mumbai celebrate after Supreme Court decriminalises #Section377 and legalises homosexuality pic.twitter.com/ztI67QwfsT
— ANI (@ANI) September 6, 2018
#WATCH Celebrations in Chennai after Supreme Court in a unanimous decision decriminalises #Section377 and legalises homosexuality pic.twitter.com/0dRCLDiBYy
— ANI (@ANI) September 6, 2018
We join the people of India & the LGBTQIA+ community in their victory over prejudice. We welcome the progressive & decisive verdict from the Supreme Court & hope this is the beginning of a more equal & inclusive society. #Section377 pic.twitter.com/Fh65vOn7h9
— Congress (@INCIndia) September 6, 2018