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Twitterati lauds Supreme Court's decision to legalise gay sex

10 September, 2018, 07:45 | Author: Lucille Rivera
  • India's top court to rule on decriminalizing gay sex

The Centre had said that the other aspects of the penal provision dealing with minors and animals should be allowed to remain in the statute book. Know All About the Law on Homosexuality & LGBTQ Rights.

Since then, the law faced numerous challenges, but gathered speed when five high-profile petitioners put their names against the law, saying Section 377 left them victims of jail, abuse, extortion and torture. Criminalising gay sex is irrational and indefensible.

Judgment in Suresh Kumar Koushal overruled.

The ruling is expected to decriminalise gay sex and lead to a change in the government's stance on homosexuality.

In its ruling, the court said sexual orientation was a "biological phenomenon" and that any discrimination on that basis violated fundamental rights. Society is now better for individualism. There were four separate judgments by CJI Misra, Justices Chandrachud, Nariman, and Malhotra. "Hang in there and have hope".

Lawyer Anand Grover, who was representing Naz Foundation against Section 377, talks to the media after the Supreme Court verdict.

Jessica Stern, the executive director of the New York-based rights group OutRight Action International, said the original law had reverberated far beyond India, including in countries where gay people still struggle for acceptance.

"The court must try to protect the dignity of every individual of the society including people from LGBT", the ruling said.

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Akhilesh Godi, one of the petitioners in the case had said prior to the announcement that, "It is not only about decriminalising but recognising our fundamental rights". With regard to sexuality and health, it is important to recognize the difference between individual rights and conduct that harms others (non-consensual sex).

The verdict is likely to pronounce its verdict at around 11:30 am. All the five judges unanimoulsy passed the judgement.

They had sought decriminalisation of consensual sex between two consenting adults of the same sex by declaring Section 377 illegal and unconstitutional. The petition has been filed on behalf of the 350 members of a pan-IIT LGBT group, Pravritti.

In the National Capital 183 cases were registered under Section 377 while in Maharashtra 170 such cases were lodged by the police.

'Any consensual sexual relationship between two consenting adults - homosexuals, heterosexuals or lesbians - can not be said to be unconstitutional, ' said the Chief Justice of India, Dipak Misra, as he read out the judgement today. The hearing is now going on at the Apex Court and the verdict is expected to arrive very soon.

India's Supreme Court on Thursday legalised consensual sexual relations between adults of the same gender as it partially struck down a British-era law that criminalised homosexuality. The Supreme Court that has been hearing petitions against the Section 377 will be giving its verdict today.

Chief Justice Misra observed that, LGBT Community has same rights like any ordinary citizen.

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