Twitter
Advertisement

In a landmark judgment, SC decriminalises Section 377, makes gay sex legal

Section 377: The Supreme Court on Thursday pronounce its much-awaited verdict on a clutch of petitions and decriminalized 158-year-old colonial law under Section 377 of the IPC, which criminalises consensual gay sex.

Latest News
article-main
FacebookTwitterWhatsappLinkedin

Section 377: In a path-breaking verdict, the Supreme Court of India on Thursday unanimously decriminalised consensual gay sex.

Pronouncing its much-awaited verdict on a clutch of petitions, the apex court said that criminalizing section-377 is manifestly arbitrary and irrational. "Consensual sexual acts between two adults in private will not be punishable under sec 377," said the apex court.

The verdict was delivered by the bench headed by Chief Justice Dipak Misra comprising of Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. The bench heard various stakeholders for four days in July, including gay rights activists.

"LGBT Community has same rights as of any ordinary citizen," said CJI Dipak Misra.

Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The apex court, however, said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.

CJI Observes

► "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."

► Sustenance of identity is the pyramid of life

► Morality cannot be martyred at the alter of social morality. Only Constitutional morality exists in our country.

► Sexual orientation is one of many biological phenomenon. It is natural and no discrimination can exist. Any violation is against freedom of speech and expression.

Section 377: A timeline of events

What is Section 377 of IPC?

Bollywood celebrities such as Karan Johar and Hansal Mehta welcomed the Supreme Court's judgement, calling it a historic victory for equal rights and a proud moment for the country.

Director Hansal Mehta, who made "Aligarh", a true-life inspired film about in Aligarh Muslim University professor Ramchandra Siras, who faced discrimination for being gay, called the verdict a "new beginning".

"A new beginning. The law is gone. The Supreme Court has done what parliament failed to do. Now it's time for attitudes to change. Let's rejoice but let us also reflect. This is a new beginning. #Sec377verdict," he tweeted.

What the Court had said earlier

The apex court had asserted that courts cannot wait for a "majoritarian government" to decide on enacting, amending or striking down a law if it violates fundamental rights.

"If Section 377 of the IPC goes away entirely, there will be anarchy. We are solely on consensual acts between man-man, man-woman. Consent is the fulcrum here. You cannot impose your sexual orientation on others without their consent," the top court had said while allaying apprehensions of those opposed to the decriminalisation of the penal provision.

Centre's stand

The Centre, which had initially sought adjournment for filing its response to the petitions, had later left to the wisdom of the court the issue of legality of the penal provision on the aspects of criminalising consensual unnatural sex between two consenting adults.

It had said that the other aspects of the penal provision dealing with minors and animals should be allowed to remain in the statute book.

Petitions

The apex court has heard the writ petitions filed by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur and 20 former and current students of the IITs. They had sought decriminalisation of consensual sex between two consenting adults of the same sex by declaring section 377 of IPC as illegal and unconstitutional.

The issue was first raised by NGO Naaz Foundation, which had in 2001 approached the Delhi High Court which had in 2009 decriminalised sex between consenting adults of the same gender by holding the penal provision as "illegal".

(With agency inputs)

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement