Today, the supreme court has taken a historic decision of scrapping Section 377. It has decriminalized consensual adult sex saying sexual orientation is natural and people have no control over it. This section 377 of IPC has been a part of our law system for more than half a century now; a law calling gay sex unnatural with a life term punishment for the concerned act.
Section 377 Says:
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life. Or with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.”
Key Things to Know about Section 377 Verdict
– Way back in 2009, in response to a petition by NAZ foundation, Delhi High Court considered Section 377 a violation of fundamental rights, assured by Indian Constitution.
– In 2013, we saw Supreme Court denying Delhi High Court order of decriminalizing gay sex, saying that it comes under the purview of parliament to decide on discarding laws.
– In 2018, the Supreme Court said, “we cannot wait for the majoritarian government to discredit the law that goes against fundamental rights.”
– And the fight against Section 377 continued. Among people who had filed a petition against the section, top five high profile ones is Bharatanatyam Dancer Navtej Singh Johar, Journalist Sunil Mehra, Restaurateur Ritu Dalmia, Hotelier Aman Nath, and Business Woman Ayesh Kapur.
– Today, in a unanimous Verdict, the Supreme Court of India with a five-judge bench headed by Chief Justice of India Dipak Misra scrapped the section. He said, “Right to privacy is part of the right to life for the LGBT community. No one can escape from their individuality.
Excerpt from Dipak Misra’s Judgement
1. “Look for the rainbow in every crowd – Equality and liberty and this freedom can only be fulfilled when each one of us realizes LGBT community has same rights as other citizens
2. “LGBT Community has same rights as of any ordinary citizen. Respect for each other’s rights and others are supreme humanity. Criminalising gay sex is irrational and indefensible”
3. “Denial of self-expression is inviting death. Irreplaceability of individuality and identity is a grant of respect to self.
I am what I am. So take me as I am. No one can escape from their individuality” – Dipak Misra Noted.
How is India Responding to this!
Overjoyed to hear the wonderful news coming from India. They may have seen a step backwards for equality in 2013, but the legalisation of homosexuality today shows that progress simply cannot be undone. Congratulations to everyone who fought so hard for this ?️? #Section377
— Calum McSwiggan (@CalumMcSwiggan) September 6, 2018
“Majoritarian views and popular morality cannot dictate constitutional rights. We have to vanquish prejudice, embrace inclusion and ensure equal rights.”
Thank you Supreme Court ?#377verdict
— Dhruv Rathee (@dhruv_rathee) September 6, 2018
— Abhinav Prakash (@Abhina_Prakash) September 6, 2018
I am weeping tears of joy. The freedom, dear God, the freedom. How precious is it. #377Verdict
— MAK (@mentalexotica) September 6, 2018
The Supreme Court rises to the occasion. What a great day! Congratulations to those who challenged and to those who fought. #377verdict
— Sidharth Bhatia (@bombaywallah) September 6, 2018
Love wins! Rainbows all the Way.
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