New Delhi: In a happy revelation, Supreme Court lawyers Menaka Gurswamy and Arundhati Katju, who spearheaded the fight to strike down colonial-era Section 377, came out as a couple on Thursday.Also Read - 'Serious Issue': SC On Dolo-650 Makers Spending Rs 1000 Crore As Freebies On Docs For Prescribing Tablet
During an interview with CNN’s Fareed Zakaria on July 18, the senior advocates replied in affirmative to the host when he said, “You two just didn’t argue the case together, you are a couple also…” Also Read - Justice Uday Umesh Lalit Appointed 49th Chief Justice of India, to Assume Charge On August 27
The Supreme Court last September ruled that it was no longer an offence for LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community to engage in consensual sex between two adults in private. Also Read - Government Files Application in Supreme Court After FIFA Threat to Withdraw U-17 Women's World Cup
The Delhi High Court in July 2009 legalised homosexual acts between consenting adults.
But in December 2013, the Supreme Court set aside the High Court ruling saying that it was for the legislature to look into the desirability of deleting Section 377.
Asserting that criminalising consensual sexual acts between persons of the same gender was violative of their fundamental rights, Supreme Court Justice Indu Malhotra on Thursday said that history owed an apology to the Indian LGBTs for “delay in providing redressal” for their sufferings over the centuries.
Section 377 of the Indian Penal Code – which criminalised consensual sexual acts of same-gender adults in private — is violative of Articles 14, 15, 19, and 21 of the Constitution, the Judge ruled.
With IANS inputs