SC decriminalises homosexuality
September 06, 2018  12:17
IN a huge victory for LGBTQ rights, a five-judge bench of the Supreme Court in an unanimous verdict decriminalised Section 377 of the Indian Penal Code that makes same-sex relations or gay sex, even if consensual, a punishable offence. In other words, homosexuality is no longer a criminal offence in India.


Chief Justice Dipak Misra read out the verdict on behalf of himself and Justice AM Khanwilkar. Misra spoke about the importance of individual identity with dignity, individual autonomy and equality for all without discrimination are cardinal corners of our constitution. The court ruled that consensual sex between adults in private is not an offence.


The CJI says LGBTQ community has the same fundamental rights as a citizen.


The five-judge constitution bench headed by Chief Justice Dipak Misra, also comprises Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.


The bench had reserved its verdict on July 17 after hearing various stakeholders for four days, including gay rights activists.


Section 377 criminalizes sexual intercourse that is penile and non-vaginal, deeming it "against the order of nature". The law affects the rights of the lesbian, gay, bisexual and transgender (LGBT) population, in particular, but its provisions can also be applied to heterosexual citizens.


In 2009, the Delhi High Court had ruled in favour of decriminalising section 377 - a decision which was overturned only to by a two-judge Supreme Court bench in 2013, in the Suresh Kumar Koushal versus Naz Foundation case.
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