In a landmark verdict, the Supreme Court today scrapped the controversial Section 377- a 158-year-old colonial law on consensual gay sex. The Supreme Court reversed its own decision and said Sectuion 377 is irrational and arbitary. "LGBT Community has same rights as of any ordinary citizen. Respect for individual choice is the essence of liberty; LGBT community possesses equal rights under the constitution. Criminalising gay sex is irrational and indefensible," said Chief Justice Dipak Misra, who headed the five judge bench hearing the case.
The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
CJI Misra and Justices Nariman, Chandrachud and Malhotra delivered separate, concurring judgments.
The Supreme Court began hearing petitions against the ban in July, beginning an emotional debate over the right to freedom and privacy. While hearing the case, the judges have made observations that have largely given hope to the gay community.
Section 377 refers to 'unnatural offences' and says whoever voluntarily has "carnal intercourse against the order of nature with any man, woman or animal", shall be punished by up to 10 years in jail under the 1861 law. Although prosecution under Section 377 is not common, gay activists say the police use the law to harass and intimidate members of their community.
