English
The Supreme Court, in a historic judgement, decriminalised part of the 158-year-old colonial law under Section 377 of the Indian Penal Code which criminalises consensual unnatural sex.
A five-judge Constitution bench headed by Chief Justice Dipak Misra, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra termed the part of Section 377 which criminalises unnatural sex as irrational, indefensible and manifestly arbitrary.
Here is a look at what the apex court said in its historic verdict:
– Punishment under Section 377 made the LQBT a closeted community, destroyed the identity of members and reached their dignity, all part of right to life.
– Sexual orientation is a biological phenomenon. Any discrimination on this grounds is violative of fundamental rights.
– Courts must protect dignity of an individual as right to live with dignity is recognised as fundamental right.
– Govt, media must give wider publicity to SC judgement so that LGBTQ community doesn’t face discrimination.
– SC says 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.
– Human tendency to love among LGBT community members had been caged by a 158-year-old law. Though 87 years after the law was born India got independence, legislature did not take measures to give LGBT community the equal rights for sexual orientation.
– While reading out the verdict CJI Dipak Misra, speaking for himself and Justice A M Khanwilkar, said denial of self expression is akin to inviting death.
– History owes apology to LGBT Community for denying them right and compelling them to live life of fear.
– Due to Sec 377 LGBT members forced to live in hiding and as second class citizens while others enjoyed right of sexual orientation.
– Constitution nurtures dissent as safety valve of society, we can’t change history but can pass way for better future.
– Section 377 of IPC was weapon to harass members of LGBT community, resulting in discrimination.
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