LGBTQ

Supreme Court Decriminalises Gay Sex, Scraps Section 377 Love wins, gay sex is no longer a crime in India

THE Supreme Court has decriminalised gay sex, scrapping a 158-year old law under Section 377 of the Indian Penal Code which criminalises consensual sex between homosexuals.

A five-judge constitution bench led by Chief Justice Dipak Misra and comprising Justices Indu Malhotra, DY Chandrachud, Rohinton F Nariman and AM Khanwilkar had reserved its verdict on July 17.

The judges, in four separate but concurrent verdicts, decriminalised gay sex between consenting adults saying: “Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression.”

However, Section 377 has only been partially struck down and will still apply to bestiality and non-consensual sexual acts.

Section 377 which criminalised “carnal intercourse against the order of nature” was modelled on the archaic and then-existing Victorian Buggery Act (1553).

Senior advocate Mukul Rohatgi representing Navtej Singh Johar in front of a 5-judge bench in July had argued that the “order” referred to in this section was based on the Victorian morality of the 1860s. And as society changes, values must change along with it.

In response to the petitions, Justice Dipak Misra called Section 377 arbitrary and said the LGBT community has rights just like others. He went on to say that “majoritarian views and popular morality cannot dictate constitutional rights”.

Justice Chandrachud concurred saying “[It’s] difficult to correct the past but we can set the course for the future.”

#Section377: WHAT THEY SAID

And the Celebrations Begin

The Lawyers

Shashi Tharoor on the Verdict

More Celebrations

LGBT rights activist Ashok Row Kavi Reacts

Petitioner Keshav Suri

Celebrations at the Lalit Hotel, Delhi

Karan Johar Reacts

Swara Bhaskar on the Verdict

Milind Deora Thanks the Activists

A Verdict on the Judgement

-ENDS-

 

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