The Supreme Court of India in a landmark judgement struck down Section 377 of the Indian Penal Code (IPC). With this India has entered the list of countries that legalise homosexuality. A five-judge Constitution bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justices D Y Chandrachud, Rohinton Fali Nariman, A M Khanwilkar and Indu Malhotra, issued the verdict on Thursday morning. The bench had earlier reserved its verdict on July 17.
The Article 377 states that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, will get life imprisonment, or with imprisonment of either for a term which may extend to 10 years and shall also be liable to pay a fine. This law which dates back to 1861 also includes any sexual union involving penile insertion. Section 377 of the Indian Penal Code criminalises homosexuality.
Here is a list of countries other than India that decriminalised homosexuality:
Countries | Years |
Australia | 2017 |
Malta | 2017 |
Germany | 2017 |
Colombia | 2016 |
The United States | 2015 |
Greenland | 2015 |
Ireland | 2015 |
Finland | 2015 |
Luxembourg | 2014 |
Scotland | 2014 |
England and Wales | 2013 |
Brazil | 2013 |
France | 2013 |
Uruguay | 2013 |
New Zealand | 2013 |
Denmark | 2012 |
Argentina | 2010 |
Portugal | 2010 |
Iceland | 2010 |
Sweden | 2009 |
Norway | 2008 |
South Africa | 2006 |
Spain | 2005 |
Canada | 2005 |
Belgium | 2003 |
Netherlands | 2000 |
In April 2001, the Netherlands became the first country in the world to allow gay and lesbian to marry in a civil ceremony. In June 2015 a supreme court decision legalised gay marriage across the US. On 24 May 2017, the Constitutional Court in Taiwan ruled that same-sex couples have the right to marry under the Constitution. However, it has given the Legislative Yuan two years to amend the marriage laws to align with the Constitution. Section 377 Hearing In Supreme Court: India Not Alone, Homosexuality A Crime in These Five Countries Too
While in the West, LGBTQ has always been in discussion, related talks began here only in the recent past. With the advent of social media, debates and the sharing of ideas on the topic surged immensely. During the last hearing session, the Centre said that the Supreme Court will decide on the Constitutionality of 377. Chief Justice of India (CJI) Dipak Misra had stated that constitutional questions cannot be decided by referendum when one lawyer argued and that popular opinion should be examined. Five judges including Misra will state their arguments after which the final verdict will be declared.
(The above story first appeared on LatestLY on Sep 06, 2018 01:53 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).