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The Supreme Court of India in a landmark verdict strikes down 158-years old colonial law and allowed gay sex among consenting adults in private. Supreme Court said that right to love anyone was an individual choice. They further said that consensual sex between adults is not a crime.
#Breaking: #Section377 of IPC insofar as it criminalises consensual sexual acts between man and man, man and woman or woman and woman is unconstitutional and struck down.
Sex with animal will however remain criminal.
Judgment in Suresh Kumar Koushal overruled.
— Bar & Bench (@barandbench) September 6, 2018
LGBT community who have been living under constant fear of prosecution can now live without fear and stigma.
Source: pinknews.co.uk
“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 judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
Source: foreignpolicy.com
What is Section 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 with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. The Centre, which had initially sought adjournment for filing its response to the petitions, had later left to the wisdom of the court the issue of legality of the penal provision on the aspects of criminalising consensual unnatural sex between two consenting adults.
The Supreme Court began hearing petitions against the ban in July, beginning an emotional debate over the right to freedom and privacy. While hearing the case, the judges have made observations that have largely given hope to the gay community. The Supreme Court in their historic verdict said:
- 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
- To deny LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy
- Autonomy of an individual is important. He or she can not surrender it to anyone
- Homosexuality is not a mental diorder
Twitter has been been flooding with happiness and rejoice ever since the verdict was given.
Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!
pic.twitter.com/ZOXwKmKDp5
— Karan Johar (@karanjohar) September 6, 2018
SC decriminalises #Section377: What the court said
“Section 377 is a colonial legacy and it continued in the law book even after independence.”
Read: https://t.co/yxarh6e8cQ pic.twitter.com/iaUHBvfIXB
— Times of India (@timesofindia) September 6, 2018
So pleased to learn that the SupremeCourt has ruled against criminalising sexual acts in private. This decision vindicates my stand on Section 377& on exactly the same grounds of privacy, dignity &constitutional freedoms. It shames those BJP MPs who vociferously opposed me in LS.
— Shashi Tharoor (@ShashiTharoor) September 6, 2018
Crying tears of joy for the lgbtqi community. One day there won’t be any labels and we will all live in utopia. pic.twitter.com/veQe1S92FD
— Sonam K Ahuja (@sonamakapoor) September 6, 2018
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
The post In A Historic Judgement India’s Supreme Court Decriminalises Gay Sex appeared first on FWD Life | The Premium Lifestyle Magazine |.
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