India
Twitter celebrates long-awaited victory.
Updated : Sep 06, 2018, 03:07 PM IST
A five-judge Constitution bench of the Supreme Court Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex. A five-judge Constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises 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 Section 377 as being violative of right to equality. The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.
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.
Here's how Twitter reacted:
He+He is not Hehe anymore. Congrats India. #Section377
— Gabbbar (@GabbbarSingh) September 6, 2018
#winning #Section377Verdict
— The Pai (@twentytwobyPai) September 6, 2018
Had to distract self from compulsively refreshing Twitter so made dis. pic.twitter.com/mkQOH8Orny
And to the ones who fought the great fight before us. When nothing made sense and yet to stick to your guns, here's to all of you! The unsung and sung and evermore heroes! Sorry but just too much of an emotional day today.
— vivek tejuja (@vivekisms) September 6, 2018
"The arch of the moral universe is long, but it bends toward justice." - Martin Luther King. #LoveIsLove #EqualRightsForAll #Sec377verdict
— Raheel Khursheed (@Raheelk) September 6, 2018
Tears of joy of #LGBTQ community. And India moves another step towards equality for all in real terms. pic.twitter.com/XnmzneGKGJ
— Smita Prakash (@smitaprakash) September 6, 2018
We are free.
— harish iyer (@hiyer) September 6, 2018
To all those who fought the fight, over the years, in the courts, on the streets, in homes. This is your moment.
— Kiran Manral (@KiranManral) September 6, 2018
No more a criminal! @RahulUkr
— Kunal Majumder (@kunalmajumder) September 6, 2018
congratugaytions
— Imaan Sheikh (@sheikhimaan) September 6, 2018
and celesbiations
LOVE IS LOVE
— (@BurgerrB) September 6, 2018
Don't let anyone else tell you otherwise, love
So homosexuality has been legalised and all I can think of is Joon’s solo, Love. #Section377 pic.twitter.com/ItZtnA079B
— apurvaoyorozu (@daegudorkss) September 6, 2018
On potentially my last night as a criminal subject, I applaud the visionary judges of the Supreme Court in choosing 6/9 as the date to decriminalize carnal intercourse against the order of nature. There’s your roadmap people. #Section377
— Danish Sheikh (@dsheikh726) September 5, 2018
It's hugs and congratulations all around in Supreme Court of India.
— Upmanyu (@upmanyutrivedi) September 6, 2018
Lawyer Anand Grover who fought for legalization: "It's historic. Will change the nature of polity and human values in India"#Section377 #tictocnews pic.twitter.com/54dcRqRzrq
Till yesterday, India was at -1 regarding LGBTQ+ rights.
— Meghnad (@Memeghnad) September 6, 2018
Today, we are at 0.
Let's hope, sometime in the near future, we score a +1.#Section377
Congratulations fellow Indians! Congratulations activists. Congratulations lawyers. Congratulations to generations of kids who have one more freedom to enjoy in their lives. Good job. Good country. Good day. Hugs all around. Good stuff. Good good.
— #RebuildKerala (@sidin) September 6, 2018
Will not forget that morning, almost five years ago, when @vakeel_saheba @PinguicVerse and I (along with many others) came to court early, in hope and expectation. We left heartbroken. How far back it seems now, with a Constitution bench set to speak freedom. #Section377
— Manish (@jimanish) September 6, 2018
The historic judgement came on a batch of 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 illegal and unconstitutional.
The issue was first raised by the NGO, Naaz Foundation, which approached the Delhi High Court in 2001. The Delhi High Curt had in 2009 decriminalised sex between consenting adults of the same gender by holding the penal provision as "illegal". This high court judgement was overturned in 2013 by the apex court which also dismissed the review plea against which the curative petitions were filed which are pending. The writ petitions were opposed by Apostolic Alliance of Churches and Utkal Christian Association and some other NGOs and individuals, including Suresh Kumar Kaushal.
With PTI inputs