New Delhi: 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.
Here are the LIVE updates on Section 377:
Sep 06, 2018 15:57 (IST)
Top LGBTQ activists in Mumbai on Thursday welcomed the Supreme Court verdict decriminalising gay sex amidst caution that "the real work will begin now". Leading activist and gay rights campaigner Ashok Row Kavi said the "apex court verdict is very sensitive" to the rights of the LGBTQ while protecting minors and animals.
Sep 06, 2018 15:57 (IST)
The UNAIDS (United Nations Programme on HIV/AIDS) on Thursday welcomed the decision of the Supreme Court of India to annul key provisions of Section 377 of the Indian Penal Code. The world agency expressed hope that this decision sets the trend and is followed in other countries to remove unjust laws criminalising homosexuality.
Sep 06, 2018 13:25 (IST)
"I'm pleased to welcome SC decision to decriminalise consensual acts of adults in private. In this country we've allowed govt to interfere in private lives of ppl to discriminate against ppl on basis of sexual orientation,but SC stood up for equal treatment of citizens," Congress MP Shashi Tharoor said.
Sep 06, 2018 13:21 (IST)
UN welcomes SC verdict
The United Nations welcomed the supreme court order. "Sexual orientation and gender expression form an integral part of an individual's identity the world over, and violence, stigma and discrimination based on these attributes constitute an egregious violation of human rights," the world body said in a statement.
Sep 06, 2018 12:33 (IST)
Under the 1861 law, gay sex was punishable by up to 10 years in jail. Although prosecution under Section 377 is not common, gay activists said the police used the law to harass and intimidate members of their community.
Sep 06, 2018 12:28 (IST)
"History owes an apology to LGBT persons for ostracisation, discrimination," said Justice Indu Malhotra.
