Exclusive! Tusshar Kapoor on #Section377 We don’t need these archaic laws everyone must live happily

The historic judgment was delivered by a five-judge constitutional bench of the Supreme Court, which overturned an earlier 2012 ruling. The Centre, which had initially sought an adjournment for filing its response to the petitions, later left to the wisdom of the apex court the issue of criminalising consensual same-sex between two adults in India.

Reading down Section 377 IPC, the Constitution Bench said its provision will however continue to govern sexual acts against minors besides acts of bestiality.

For the lawyers representing more than a dozen gay and lesbian Indians who petitioned the court, the legal acceptance of same sex relations finally signals an end to the harassment and persecution of the LGBT community. Several social activists and human right activists have been fighting for human rights and were registered as respondents in the pending curative petitions before this Supreme Court have made a decision to take up the matter for the both before the Supreme Court as well as before the Parliament of India.

Across the country, gay people gathered in front of their television sets, waiting anxiously for the verdict to be announced.


Uttar Pradesh, followed by Kerala, topped the list of states where the maximum number of cases was registered for gay sex under Section 377 of the Indian Penal Code (IPC), which was partly struck down by the Supreme Court last week.

The top court said the LGBTQ community possesses same human and fundamental rights as other citizens. "The veil of social morality can not be used to violate fundamental rights of even a single individual, for the foundation of constitutional morality rests upon the recognition of diversity that pervades the society", CJI Misra ruled.

Another member of Pravritti said that a large number of their members have been involved in the ongoing struggle of decriminalising section 377.

Welcoming the decision, DMK MP Kanimozhi said, "Hope we move towards a more liberal, tolerant and inclusive society". The justices penned down four separate but concurring judgments - one by Justice Dipak Misra and Justice Khanwilkar, and one each by the other three judges.


CJI Misra, while reading out the judgement, said: "Any consensual sexual relationship between two consenting adults ─ homosexuals, heterosexuals or lesbians ─ can not be said to be unconstitutional", India Today reported.

"We are no longer criminals, (but) it will take time to change things on the ground - 20 to 30 years, maybe", said Saha.

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

They had tasted their first victory when the Delhi High Court in July 2009 decriminalised homosexuality among consenting adults. "Sexual orientation is a natural phenomenon determined by biology and science", the court's judgement said.


"So proud today! Decriminalizing homosexuality and abolishing section 377 is a huge thumb up for humanity and equal rights!" he wrote on Twitter.

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