India Supreme Court decriminalises homosexuality

India Supreme Court decriminalises homosexuality

India Supreme Court decriminalises homosexuality

"Any discrimination on this basis is unconstitutional". LGBT community posses rights like others.

"We have finally got justice". However, it urged the five-judge constitution bench to confine to deciding the challenge to the law, without any scope that may give rise to members of the LGBT community claiming civil rights including right to property, inheritance marriage, adoption and other rights. Today five years down the line, the court is hearing the appeal against it once again and let's hope the verdict is just what we all want to hear. "It is not only about decriminalising but recognising our fundamental rights".

Objecting to the observation of the two-judge bench in Suresh Kumar Kaushal, Senior Advocate Arvind Datar had advanced, "it is logically wrong to say that since the Parliament, despite the recommendation of the Law Commission in its 172nd Report, has chosen not to delete section 377, it is constitutional..."

A five-judge Constitution Bench headed by Chief Justice Dipak Misra had reserved its verdict on 17 July after hearing various stakeholders for four days, including gay rights activists.

Gay sex has always been taboo in conservative India - particularly in rural areas where homophobia is widespread. It also served as a constant reminder to the gay community that the state considered their sexuality illegal.

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The 2017 landmark judgement on privacy observed, "sexual orientation is an essential attribute of privacy".

"The moment there is a finding that a provision violates the fundamental right of citizens, this court has power to strike it down irrespective of the majoritarian government's power to repeal, amend or enact law". Here are the top quotes from the SC bench.

Latest reports have said that the Supreme Court verdict will be delayed at least by 30 minutes. That opened the door for fresh pleas to decriminalise gay sex, the argument being that it as a private act.

Passing the buck, the centre had put the onus of deciding the fate of Section 377 on the Supreme Court, with the latter indicating that it was planning to do away with the sections that criminalised homosexuality.

"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.

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