The constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which criminalises consensual unnatural sex as irrational, indefensible and manifestly arbitrary.
A five-judge constitution bench of the Supreme Court on Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex, saying it violated the rights to equality.
The constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which criminalises consensual unnatural sex as irrational, indefensible and manifestly arbitrary.
The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, struck down part of (rpt part of) Section 377 of the IPC as being violative of the right to equality and the right to live with dignity.
Subramanian Swamy, BJP RS PM told news agency ANI: “Of course what happens in someone's private life should not be of anyone's concern, neither they should be punished. It is basically a genetic disorder, like someone having six fingers. Medical research must be done to rectify it.”
Earlier, Subramanian Swamy, known for making homophobic comments, had tweeted: "The Supreme Court refused to strike down that part of Section 377 IPC which made sex with animals a crime. Does this interfere with fundamental rights too?" He also told a news channel that the verdict’s not final, that it could be ‘overturned by a seven-judge bench’ and that the verdict would give rise to ‘social evils and sexually transmitted’ diseases.
Hailing the Supreme Court judgment decriminalising consensual gay sex, Amnesty International India Thursday said the verdict gave hope to everyone fighting for justice and equality.
The SC on Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex, saying it violated the rights to equality.
The judgment closes the door on a dark chapter of Indian history. It marks a new era of equality for millions of people in India," said Asmita Basu, Programmes Director, Amnesty International India.
"The remarkable victory today is a milestone in the three decade old struggle by the LGBTI community and their allies in India, she added.
However, the LGBTI (lesbian, gay, bisexual, transgender and intersex) community's struggle for their rights including marriage, adoption and inheritance will continue, Basu said.
"While today's judgement answers the constitutional invalidity of Section 377, the struggle for the rights of LGBTI people continues, including in relation to marriage, adoption or inheritance, she said.
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