Homosexuality Is No Longer A Crime, India Supreme Court Rules

Gay rights supporters celebrate after India's top court agreed to re-examine a colonial-era law that criminalises homosexual acts in January, 2018. Photo Credit: AP

India’s  Supreme Court has legalised homosexuality and  gay sex and decriminalised Section 377 of the Indian Penal Code, holding out promise of a new dawn in personal liberty and sexual orientation. 

The five judge-bench headed by Chief Justice of India Dipak Misra delivered the much awaited verdict on Thursday, according to Deccan Chronicle Chief Justice Misra observed that, LGBT Community has same rights like any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible.

“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. No one can escape from their individualism. Society is now better for individualism” CJI Misra said.

India’s Supreme Court had in 2013 restored Section 377, a British-era law that bans gay sex. It had overturned a landmark judgement by the Delhi High court in 2009 which had ruled that consenting intercourse between two adults was not illegal. The position of the court then was that overturning the outdated law was the job of Parliament, which can decide on scrapping laws. 

The top court had also said, “no one should have to live in fear because of their sexuality.”





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