Supreme Court bench decriminalises Section 377, makes gay sex legal

In a landmark judgement, the Supreme Court of India on Thursday announced that homosexuality is legal in India from now on. Scrapping the 157-year-old British law, a five judge bench headed by Chief Justice Dipak Misra pointed out ‘LGBT Community has same rights as of any ordinary citizen’ of the country and ended the controversial Section 377.

The five-bench panel headed by CJI Misra include —Justice R F Nariman, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Indu Malhotra.

Hearing the petition filed by the five activists — Sangeet Natak Akademi Award winner Navtej Singh Johar, journalist Sunil Mehra, restaurateur Ritu Dalmia, Neemrana Hotel chairman Aman Nath and businesswoman Ayesha Kapoor — the apex  court on Monday said, “No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrum.”

CJI Dipak Misra observed that ‘Primary objective of having a Constitutional society is to transform the society progressively’ CJI Misra said, “Constitutional provisions should not be interpreted in literal sense. Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression.”

CJI Misra further said, “The provision of IPC had resulted in collateral effect in that consensual sex between LGBT person is criminalised and is violation of Article 14.” Stating the opinion of the bench, he said, “LGBT Community has same rights as of any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible.”

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