India's top court strikes down gay sex ban

06 September, 2018, 21:08 | Author: Roderick Gutierrez
  • Exclusive! Tusshar Kapoor on #Section377 We don’t need these archaic laws everyone must live happily

"Like SC, we also do not consider this to be a crime".

Arun Kumar stated that things like gay sex or same-sex marriages are still taboo and unacceptable things in the Indian society.

Indian society also does not have the tradition to recognise such relations.

"Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - can not be said to be unconstitutional", Chief Justice of India, Dipak Misra, said Thursday as he read the judgment, according to the news agency.

While striking down the British era law, CJI Dipak Misra said, "I am what I am".

"It is the constitutional and not social morality which will prevail", said the court.

"We join the people of India & the LGBTQIA+ community in their victory over prejudice". Numerous community members who had assembled outside the apex court jumped in joy and distributed candies.

Reading his verdict on Thursday on petitions challenging the constitutionality of the law, Chief Justice of India Dipak Misra said: "Majoritarian views and popular morality can not dictate constitutionally enshrined rights". "And it's violative of Article 14", he said, stating that "talking about the importance of individual identity with dignity, individual autonomy and equality for all without discrimination are cardinal corners of our Constitution". Time to empower LGBTIQ community against discrimination. But their treatment - both shunned as impure, and embraced for the belief that they can bring powerful blessings - reflects the complexities of gay life here.

Despite the pressure on the LGBT community, India has quietly made some strides in sexual rights in recent years. He directed the Centre to give wide publicity to this judgment to remove the stigma attached to homosexuality. "Sexual orientation is a natural phenomenon determined by biology and science", the court's judgement said.


"They can not be pushed into obscurity by an oppressive colonial legislation", he continued.

Justice Indu Malhotra said that "history owes an apology to the LGBTQ community for denying them their rights".

The United Nations in India said in a statement online that it hopes the ruling "will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons".

The Supreme Court's historic judgment decriminalising homosexuality was peppered with some heartwarming observations, as well as several pointed reiterations of the right to personal liberty.

A five-judge panel in the Supreme Court was unanimous in its decision to end the law known as "Section 377", which prohibits "carnal intercourse against the order of nature with any man, woman or animal". The two judgments became the pillars on which the petitioners based their case before the Constitution Bench.

The case was re-opened after five high profile petitioners said that they have been living in fear.

Leading up to the Supreme Court hearings, at least 26 other Indians with varied social and economic backgrounds joined them.

Among those involved in the celebration was Smriti, a college student who had skipped college to soak in the atmosphere at the Supreme Court as the verdict was being delivered.

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