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Gay sex not a crime in India: Supreme Court decriminalises Section 377

Gay sex not a crime in India: Supreme Court decriminalises Section 377

In 2016, 2,187 cases were registered under Section 377 under the category of "unnatural offences".

Justice Nariman supporting the scrapping of section 377 of IPC because it violates the LBTQ+ community's rights mentioned in Article 21 of the constitution, said that the whole objective of the Fundamental Rights is to empower the court to strike down laws like Section 377.

"LGBT Community has same rights as of any ordinary citizen".

"Social morality can not violate the rights of even one single individual", said CJI Misra and Justice Khanwilkar. But that verdict was controversially overturned by the Supreme Court in 2013.

The Supreme Court on Thursday pronounced its much-awaited verdict on a clutch of petitions and decriminalised 158-year-old colonial law under Section 377 of the IPC. Today five years down the line, the court is hearing the appeal against it once again and let's hope the verdict is just what we all want to hear.

"Section 377 inflicts tragedy and anguish; it has to be remedied".

Equal rights activists had argued that the very existence of such a law was proof of discrimination based on sexual orientation. But four years later, the Supreme Court overturned the verdict, saying any amendment must be made by parliament and not the judiciary.

While upholding the Right to Privacy as a fundamental right in 2017, the Supreme Court had termed "sexual orientation as an essential component of human identity". "You can not impose your sexual orientation on others without their consent", the top court had said.

The top court had commenced hearing on the fresh writ petitions challenging re-criminalisation of consensual gay sex between two adults, rejecting the Centre's plea seeking postponement of the proceedings by four weeks. "Consensual sexual acts of adults are allowed for LGBT community".

The Central government had left it to the apex court to test the constitutional validity of section 377 of the IPC which criminalises "consensual acts of adults in private", urging that issues like gay marriages, adoption and ancillary civil rights of LGBTQ should not be dealt by it.

Advocate Manoj George, appearing on behalf of two Christian associations, had also criticised the "U-turn" resorted to by the Centre in the present batch of petitions, considering its earlier stand in Suresh Kumar Kaushal.

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