In a landmark judgment, SC decriminalises Section 377, makes Gay sex legal

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In a path-breaking verdict, the Supreme Court of India on Thursday unanimously decriminalised consensual gay sex.

Pronouncing its much-awaited verdict on a clutch of petitions, the apex court said that criminalizing section-377 is manifestly arbitrary and irrational. “Consensual sexual acts between two adults in private will not be punishable under sec 377,” said the apex court.

The verdict was delivered by the bench headed by Chief Justice Dipak Misra comprising of Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. The bench heard various stakeholders for four days in July, including gay rights activists.

“LGBT Community has same rights as of any ordinary citizen,” said CJI Dipak Misra.

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Criminalising gay sex is irrational and indefensible, observed the CJI while delivering the verdict. The Lesbian Gay Bisexual Transgender community has same rights as any other citizen, the CJI added.

Respect for each other’s rights, and others are supreme humanity, observed the bench unanimously, while saying that right to live with dignity is right. “Not for nothing the great German thinker said..I am what I am, so take me as I am.” CJI Misra said.

He asked to bid adieu to perception stereotypes and make way for progressive realization of social and economic rights and to begin a dialogue for ensuring individual rights reports

Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished 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 pay a fine.

The apex court, however, said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.

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