The Supreme Court, in a historic verdict, today decriminalised homosexuality. The ruling re-examined a 2013 judgement that upheld a colonial law known as Section 377 of the Indian Penal Code (IPC), under which homosexuality is described as an ¡°unnatural offence¡±. The homosexuals?can live as equal citizens in India without being seen with a criminal gaze. Nobody can harass them on the basis of their sexual orientation.??
Activists from across the country fought a long legal battle to ensure that the community gets their due in India. Their urge of legalising gay sex has finally been unanimously accepted by the five-judge at the apex court.?
The verdict has been pronounced after nearly six weeks since it was reserved by the top court. All in all, It took India 157 years to end this law since it was put in place by the British.
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The law affects the rights of gay, bisexual and transgender (LGBT) population, but certain of its provisions also apply to the heterosexual population.
The Chief Justice of India Deepak Misra observed,?"No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."?He also added sustenance of identity is the pyramid of life.?
The challenge ahead is to build a society that accepts people with homosexual orientation. The Court observed that the country must empower all of its citizens. It said that Section 377 is arbitrary and irrational. Commenting on the rights of the LGBTQ community, the court said that the community has the same rights as that of the ordinary citizens. "Respecting each others rights is supreme humanity."
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Justice Rohinton Nariman said one feature of his judgment is reliance on Mental Healthcare Act as per which Parliament has recognised that homosexuality is not a mental disorder
He said that this case is much more than just decriminalising a provision.
"It is about an aspiration to realise Constitutional rights and equal existence of LGBT community as other citizens. To deny LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy. They cannot be pushed into obscurity by an oppressive colonial legislation", DY Chandrachud observed.