India’s Supreme Court has delivered a landmark ruling by decriminalising gay sex.
The Court struck down Section 377 partially by decriminalising consensual sex between same-sex adults. A constitutional bench concurred that this section of the colonial-era law cannot be regarded as constitutional.
Gay sex had been punishable by up to ten years in jail.
However, sexual activity with animals and other related clauses in Section 377 will remain criminal. Any act without the consent of any one of the partners would still invoke criminality under Section 377.
The five-judge bench, led by CJI Dipak Misra and comprising Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, delivered the verdict.
Chief Justice of India (CJI) Dipak Misra said there were four concurring opinions by the judges.
CJI Misra said, “LGBTQ community has the same fundamental rights as a citizen. Only Constitutional morality and not social morality can be allowed to permeate rule of law.
“Sexual orientation is one of the many natural phenomenon. Any discrimination on basis of sexual orientation amounts to a violation of fundamental rights. After judgement in Puttuswamy case, privacy has been raised to a fundamental right."
Justices Fali Nariman said, “Homosexuals have the right to live with dignity. They must be able to live without stigma.”
INDIA, Mumbai: Over 7000 people come together to participate in the annual Pride March on January 31, 2015 in India's most populous city. Source: AAP
He also called upon the Indian government to give wide periodic publicity to judgement so that stigma is reduced & finally removed.
Justice Chandrachud said: "Tragedy and anguish inflicted by Section 377 should be remedied. Macaulay's legacy exists 68 years after the coming of a liberal Constitution. Human instinct to love has been constrained. Sexual orientation has become a reason for blackmail on the internet."
Even before all the four judgements were read out in the Supreme Court, celebrations erupted across the country.
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