Supreme court legalises gay sex, partially strikes down Sec 377

New Delhi: Supreme court In a landmark verdict,has partially struck down Section 377 of the Indian Penal Code.

Observing that the section was unconstitutional the five judge Bench held that Section 377 is irrational, indefensible and manifestly arbitrary.

the Supreme Court Bench Delivering a unanimous verdict the court said

Section 377 is irrational, arbitrary and incomprehensible

as it fetters the right to equality for LGBT community.

LGBT community possesses same equality as other citizens, the Bench held.

Section 377 will not be applicable to same sex acts between homo-sexuals, hetero-sexuals and lesbians.

Section 377 would however be applicable to bestiality and sexual acts without consent by one of them.

It is no longer an offence under Section 377 for LGBT community to engage in consensual sex in private.

SC says consensual sex between adults in private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice. SC partially strikes down Section 377.

Social morality cannot violate the rights of even one single individual says CJI

A five-judge SC bench by unanimous decision decriminalises Section 377 making gay sex legal.

CJI Dipak Misra and Justice A M Khanwilkar pronounce the first judgment saying consensual sexual relation between same gender adults in private does not fall foul of section 377 IPC.

It is a unanimous verdict expressed through four separate by concurring judgments says CJI .

In July 2009, the Delhi HC had decriminalised homosexuality among consenting adults after finding that it violated Article 14, 15 and 21 of the Constitution.

At the time, the HC was hearing a petition filed by NGO Naz Foundation. The government had argued that homosexuality comprises only 0.3 per cent of the population, and therefore the rights of over 99 per cent cannot be compromised.

Supreme court explained the all aspects of the case

The verdict, however, was struck down by a two-judge bench of the Supreme Court in December 2013.

The top court, finding that the HC’s judgment was “legally unsustainable”, decriminalised gay sex.

The SC also left it to Parliament to consider deleting the provision from the IPC.

A review petition filed by Naz Foundation was quashed. In January riding on the court’s verdict on fundamental rights, a petition challenging the section was filed.

The petitions were opposed by the Apostolic Alliance of Churches and Utkal Christian Association.

Individuals like Suresh Kumar Kaushal too had opposed the petitions.

The Bench had said that it would not go into the curative petitions and would adjudicate fresh on the matter.

the Bench had said, “we are solely on consensual acts between man-man, man-woman. Consent is the fulcrum here.

Supreme court said you cannot impose your orientation

You cannot impose your sexual orientation on others without their consent,” the top court had said while allaying apprehensions of those opposed to the decriminalisation of the penal provision.

During the hearing the Centre has said that it would leave the question to the Supreme Court’s wisdom.

The government had also said that it would not contest the petitioner on consensual sex, but added that incest and bestiality be kept away from deliberation.

Only lady judge said its a variation not aberration

The lone lady judge on the Bench, Justice Indu Malhotra had said that homosexuality is only a variation and not an aberration.

Justice Malhotra went on to add that the prejudice and stigma piled on the LGBTQ community has denied even basic medical care in the country.

The pressure on homosexual people from within the home is such that they succumb to marry the opposite sex, leading to a life of mental trauma and bi-sexuality.

Homosexuality is not against the order of nature, but nature itself. Hundreds of animal species show the same sexual orientation, she also went on to add.

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