The Supreme Court has created history by decriminalising Section 377. In a historic judgement, the Supreme Court (SC) on Thursday ruled that consensual adult gay sex is not a crime saying sexual orientation is natural and people have no control over it.
The Fight….For Love
- The section stated: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”
- The Delhi High Court had repealed the section in 2009 to much celebration.
- However, in 2013, the Supreme Court overturned that decision.
- Since then, activists and eminent persons like Navtej Singh Johar, Ritu Dalmia, Aman Nath, Sunil Mehra, and Ayesha Kapur have been petitioning to reverse the decision.
- The case was reopened on July 10, 2018, and it’s taken an excruciating 58 days for India’s top court to lay to rest the archaic section.
The judgement, by a Constitution bench of the country’s top court, has defanged the British-era Section 377 of the Indian Penal Code (IPC), which deemed that gay sex is a punishable offence. Now, it is no longer an offence under Section 377 to engage in consensual sex in private.
Thursday’s judgement heralds a new dawn for personal liberty and is a major victory for the LGBTQ (lesbian, gay, bisexual, transgender) community that has been fighting hard and persistently to legalise gay sex. “The law must be interpreted as per the requirement of changing times,” said the SC in its judgement.
“Consensual sex between adults in private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice. Section 377 results in discrimination and is violative of constitutional principles,” said the SC.
With Celebrities tweeting congratulatory and celebratory messages on Twitter…..
Bollywood filmmaker Karan Johar tweeted, “Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!”
Actor Swara Bhasker also supported the judgment. She tweeted, “Congratulations to all the activists and petitioners on SupremeCourt judgement scrapping Section377 Your perseverance just made India a freer place for everyone ! LoveIsLove Pride 377Verdict 377Scrapped Three cheers for the SupremeCourt.”