Section 377 abolished: History owes apology to LGBT people, says Supreme Court

07 September 2018, 02:13 AM
Decriminalisation of Homosexual activities: Five Judges, One Decision (PHOTO: PTI)
Decriminalisation of Homosexual activities: Five Judges, One Decision (PHOTO: PTI)

As the Supreme Court of India decriminalised the law against homosexuality on Thursday, euphoria struck the petitioners in the case who stood by those who identify as gay, lesbian, transgender and bisexual in India. Amid the furore of a unanimous verdict that welcomed ‘emotional moment’ and ‘landmark judgment’, the statements of all the five Supreme Court Judges have sent out chills and garnered many applauds across the country.

Also Read | Gay Sex: Why is the land that has 'Manusmriti' and 'Kama Sutra' celebrating it today?

Justice Indu Malhotra said, “History owes the community an apology.” Many raised their support to this bold statement by showing appreciation to the Supreme Court Verdict.

Justice Dipak Misra, the 45th Chief Justice of India, who also gave a verdict in favour of the LGBT community says, “LGBT Community has same rights as of any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible.”

Justice R F Nariman stands tall denying homosexuality as a mental disorder, says, “Homosexuality not a mental disorder, Mental Healthcare Act has been discussed and even Parliament has recognised that homosexuality is not a mental disorder"

The fourth judge on the panel, Justice A M Khanwilkar said, “Social morality cannot violate the rights of even one single.”

Also Read | Supreme Court strikes down Section 377; gay sex no more a crime in India

Justice D Y Chandrachud, like the other judges, passed a verdict in favour of the petitioners. His statement read, “Human sexuality cannot be reduced to a binary formulation and decriminalising Section 377 is but a first step.”

The verdict passed by the Supreme Court phased out Section 377 of the Indian Penal Court. The 157-year-old British law that criminalised “sex against the order of nature” was made punishable by up to 10 years of imprisonment. Hopefully the landmark judgment of September 6, 2018 would end all discriminations and taboos against the LGBT community. 

First Published: Thursday, September 06, 2018 08:03 PM
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