Supreme Court decriminalises gay sex, Justice Indu Malhotra says ‘history owes an apology to people prosecuted by Section 377’

1

In a historic judgement, the Supreme Court on Thursday decriminalised homosexuality by reversing its own judgement of 2013.

Supreme Court
Image for representation. (Reuters)

The five Supreme Court judges said that the controversial British-era Section 377, that banned consensual gay sex was irrational and arbitrary. Chief Justice Dipak Misra said, “We have to bid adieu to prejudices and empower all citizens.” Justice Indu Malhotra said, “History owes an apology to those people persecuted by Section 377 for the social ostracism caused by the section.”

CJI Misra, who retired on 1 October, added, “No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums.”

Justice J Chandrachud said that ‘Human sexuality cannot be confined to a binary’ adding that it ‘has travelled so much that it has been destructive to LGBT identity.’

“Tragedy and anguish inflicted by Section 377 should be remedied. Macaulay’s legacy exists 68 years after the coming of a liberal Constitution. Human instinct to love has been constrained. Sexual orientation has become a reason for blackmail on the internet.” he was quoted by The Hindu.

The verdict was widely hailed as the LGBT activists reacted with joy. Experts too praised the top court for the historic verdict. Supreme Court lawyer, Prashant Bhushan, said, “Kudos to the SC for striking down the colonial Sec 377 (criminalising consensual sex between homosexuals) as being unconstitutional & violative of fundamental rights. This law was long used by govts & police to harass gays & intrude into their privacy.”

Supporters of gay sex also took to social media to register their happiness. All top Twitter trends on Thursday were related the historic verdict by the top court.

Pizza Hut

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here