Section 377 Verdict Highlights: Supreme Court Says Homosexuality No More A Crime, LGBT Community Has Same Rights As of Other Citizen
Homosexuality is no more a crime and the LGBT community can enjoy rights like other citizens.
After years of struggle by the human rights communities and a clutch of petitions challenging the Section 377 of the Indian Penal Code (IPC) which criminalises homosexuality, the Supreme Court delivered a verdict today, September 6, 2018. SC highlighted that homosexuality is no more a crime and that they can enjoy rights like other citizens. Sex with an animal will, however, remain criminal. This issue was first raised in 2001 by a Delhi based NGO, Naz Foundation and AIDS Bhedbhav Virodhi Andolan in the national capital high court. Both the petitions were terminated by the court at the time. It was eight years later in 2009, when the Delhi HC decriminalised sex between consenting adults of the same gender by holding the penal provision, ‘illegal’. However, the 2009 judgement of the high court was overturned in 2013 by SC which had also dismissed a review plea. In 2014 the LGBT community in India got hope when the Supreme Court directed the government to declare transgender as ‘third gender’ and include them in the OBC quota. Section 377 Partially Scrapped, Homosexuality Decriminalised by Supreme Court, CJI Dipak Misra Says 'I Am What I Am, So Take Me As I Am'.
It was in January 2018 when a three-member SC bench heard a petition filed by five people who asked the court to revisit the Naz Foundation judgement. The case was then raised in a larger bench of five members and sought centre’s advice. On July 17, SC reserved its verdict on whether to decriminalise Section 377 or not. List of Countries Where Same-Sex Marriage Is Legal.
Section 377 Verdict Highlights:
1. The Chief Justice of India, CJI Dipak Misra said, "Our opinions, all concurring judgments."
2. "Criminalising carnal sex is irrational," says CJI Dipak Misra.
3. "Sustenance of identity is the pyramid of life," CJI Deepak Mishra.
4. While reading his judgement, CJI Dipak Misra said, "No one can escape who they are. No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."
5. CJI Dipak Misra Says "I Am What I Am, So Take Me As I Am."
6. The Supreme Court declares Section 377 as unconstitutional.
7. "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," observes CJI Dipak Misra.
8. "Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression," Supreme Court.
9. "Gays, Lesbians, Bi-sexual and Transgenders have equal rights as other citizens," Justice DY Chandrachud.
10. "This case is much more than just decriminalising a provision. It is about an aspiration to realise Constitutional rights and equal existence of LGBT community as other citizens," DY Chandrachud.
11. "De-criminalisation is but the first step; the Constitution envisages much more. LGBTs victim of Victorian morality. Constitutional morality and not Societal morality should be the driving force for deciding validity of Section 377," DY Chandrachud J.
12. "LGBT community entitled to equal citizenship, equal rights under the Constitution," DY Chandrachud J.
13. "The state has no business to get in controlling the private lives of LGBT community members," CJI DY Chandrachud.
14. "History owes an apology to LGBT persons for ostracisation, discrimination," Justice Indu Malhotra.
15. Today's judgement was to be considered for all the pending prosecutions, Supreme Court.
Section 377 came into force in 1861 during the British rule of India criminalising sexual activities ‘against the order of nature’ including homosexual activities. It refers to ‘unnatural offences’ of whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished with life imprisonment or with imprisonment of either description for a term which shall extend to 10 years and is also liable to pay fine.
(The above story first appeared on LatestLY on Sep 06, 2018 11:59 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).