Section 377 Verdict: ‘History Owes an Apology to LGBT Persons’; Top 10 Quotes From Supreme Court Judgment

In a ground-breaking victory for the gay rights, the Supreme Court of India today, September 6, 2018, struck down Section 377, putting a rest to the legal battle that stretched for many years. It is a historic day for us. A five-judge bench led by the Chief Justice of India, CJI Dipak Misra diluted one of the eldest laws, a vestige of India’s colonial past which criminalised the consensual gay sex. After years of contentious struggle by the gay rights activists, our nation finally bid adieu to Section 377. SC delivered a verdict and the consent put by the chief justices was accurately moving. “History owes an apology to LGBT persons,” Justice Indu Malhotra. Here are top 10 quotes by the judges from the verdict after which the nation celebrates equality. Section 377 Verdict Highlights: Supreme Court Says Homosexuality No More A Crime, LGBT Community Has Same Rights As of Other Citizen. 

The issue which was first raised in 2001 by a Delhi based NGO Naz Foundation and AIDS Bhedbhav Virodhi Andolan saw a ray of hope in 2014 when the apex court directed the government to declare transgender as the ‘third gender’ and include them in the OBC quota. Finally, in January 2018, a three-member SC bench heard a petition filed by five people who asked the court to revisit the Naz Foundation judgement which was further raised in a larger five-member bench. Here are few lines which the Justices have delivered during the Section 377 verdict. Section 377 Partially Scrapped, Homosexuality Decriminalised by Supreme Court, CJI Dipak Misra Says 'I Am What I Am, So Take Me As I Am'. 

"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,"  CJI Dipak Misra.

"History owes an apology to LGBT persons for ostracisation, discrimination," Justice Indu Malhotra.

"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," CJI Dipak Misra.

"LGBT community entitled to equal citizenship, equal rights under the Constitution," DY Chandrachud J.

"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," Justice DY Chandrachud.

"I Am What I Am, So Take Me As I Am," CJI Dipak Misra.

"Majoritarian views and popular morality cannot dictate constitutional rights. We have to vanquish prejudice, embrace inclusion and ensure equal rights," CJI Dipak Misra.

"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," Justice DY Chandrachud J.

"LGBT community entitled to equal citizenship, equal rights under the Constitution," Justice DY Chandrachud J.

"The state has no business to get in controlling the private lives of LGBT community members," CJI DY Chandrachud.

Today’s date September 6, 2018, will go down in history. It is a joyous moment for the LGBT community, activists and the whole nation. Everyone from Bollywood’s celebrities to politicians to all the individuals is sharing their delight on social media. CJI Dipak Misra scraped the British-era law and the country progress for equal rights.

(The above story first appeared on LatestLY on Sep 06, 2018 02:40 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).