Homosexuality is a genetic flaw. Cannot be equated with normal sexual behaviour: Subramanian Swamy
“Homosexuality is a genetic flaw. Cannot be equated with normal sexual behaviour,” BJPMP Subramanian Swamy said shortly after the Supreme Court decriminalised gay sex under Section 377 of the Indian Penal Code.
“Homosexuality leads to increased instances of paedophilia, gay bars and HIV,” said the BJP leader, adding a controversial statement, “I know many judges who are homosexual.”
"It (Homosexuality) is not a normal thing. These are all American habits, there's a lot of money behind it. The Americans want to open gay bars, and it'll be a cover for paedophiles and a huge rise in HIV cases. It is a danger to our national security," he earlier told ANI, adding, “It (Homosexuality) is against Hindutva, it is against all our scriptures.”
LGBTQ activist Anjali Nazia said the Supreme Court had paved way for bigger judgements ahead.
"We were granted a basic human right today and we can't express just how happy we are," Nazia told PTI.
Describing the verdict as a landmark, Anjan Joshi, member of the Society for People, Awareness, Care and Empowerment (SPACE), said it would be help them in their quest for equality.
"It is a start. We know we have a long way to go in terms of right to adoption, right to marriage but it is a very welcome beginning," Joshi said.
UN in India welcomes Supreme Court ruling
United Nations in India has welcomed the Supreme Court ruling.
“Sexual orientation and gender expression form an integral part of an individual’s identity the world over, and violence, stigma and discrimination based on these attributes constitute an egregious violation of human rights,” the organisation has said in a statement.
“The UN in India sincerely hopes that the court’s ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons,” it added.
“I am pleased to welcome the Supreme Court decision to decriminalise consensual acts of adults in private. In this country, we have allowed the government to interfere in private lives of people, to discriminate against people on basis of sexual orientation, but the Supreme Court stood up for equal treatment of citizens,” Member of Parliament and Congress leader Shashi Tharoor has said.
The Lok Sabha had in 2016 voted against the introduction of a private member’s Bill moved by Tharoor which sought decriminalising homosexuality.
History owes an apology to the LGBT community: Justice Malhotra
Justice Indu Malhotra said, “History owes an apology to members of the LGBT community and their family members for the ostracisation and persecution they faced because of society's ignorance that homosexuality is a natural trait, its penal suppression infringes a host of fundamental rights.”
The state has no business to get in controlling the private lives of LGBT community members: Justice Chandrachud said during the ruling
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"There must be a time to end historical discrimination on the basis of sexual orientation and choice and that time is now," Justice DY Chandrachudsaid in his judgement.
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"I personally think homosexuality is a genetic flaw, one is born with it. But, there’s no finality in SC’s judgment today," RajyaSabhaMP Subramanian Swamytold CNN-News18.
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"We have finally got justice. We are finally 'azaad in azaad Hind'," says Ashok Row Kavi, LGBT rights activist and founder of Humsafar Trust
Justice Nariman has held that homosexuality cannot be regarded as a mental disorder.
Suresh Koushal no longer good law in view of NALSA andPuttaswamy judgment, he added while reading out the verdict.
This case is much more than just decriminalising a provision. It is about an aspiration to realise the constitutional rights and equal existence of the LGBT community as other citizens: Justice Chandrachud
The judgment declares Section 377 of the IPC as unconstitutionalto the extent that it criminalises consensual sexual acts between adults, whether homosexual or heterosexual. Bestiality will however continue to be an offence.
The LGBT community has same rights as of any ordinary citizen. Respect for each other’s rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible: CJI Dipak Misra
BREAKING NEWS: The Supreme Court of India has struck down Section 377 of the Indian Penal Code.
LGBT community has the same rights like other members of society: CJI
Criminalising carnal sex is irrational, CJI Misra has said.
Criminalising carnal sex is irrational, CJI Misra has said.
CJI Misra observes, "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums".
Sustenance of identity is the pyramid of life, observes CJIDipak Misra
Have to bid adieu to prejudices: CJI
CJIDipakMisrabegins readingjudgement, 'no one can escape who they are'.
Freedom of living is a facet of life: Supreme Court
All five judges who will be delivering the verdict, have concurring opinions, reports suggest.
The stage is set for the verdict. CJI Misra and Justices Chandrachud, Nariman and Malhotra are expected to deliver the verdict. Justice Khanwilkar has reportedly not penned a judgement.
SC set to pronounce verdict
The five-judge constitution bench of the Supreme Court of India is set to pronounce the judgement on petitions challenging the constitutional validity of section 377. The section criminalises consensual homosexual acts between adults.
The petitioners in this case are Bharatnatyam dancer Navtej Singh Johar, journalist Sunil Mehra, restaurateur Ritu Dalmia, businesswoman Ayesha Kapur and hotel chain co-founder Aman Nath.
The verdict has been delayed from 10.30 am to 11.15 am. This is because of the full court reference in memory of two senior advocates, Late Dr GC Bharuka and Late VA Mohta.
When was the petition first filed in court?
Naz Foundation had first filed the petition in Delhi High Court in 2009 before a two-judge panel. In the July 2009 landmark verdict, Justice Shah and Justice S Muralidhar had struck down Section 377 of the IPC saying they were violative of Articles 21, 14 and 15 of the Indian Constitution.
The high court had clarified that the section will be invoked only in cases of non-consensual sex and sex with a minor (below 18 years of age).
The judgment had read, “We hold that sexual orientation is a ground analogous to sex, and that discrimination on sexual orientation is not permitted under Article 15.”
Section 377 persecutes sexual minorities in India: Report
A report by TheHumsafarTrust, a petitioner in the ongoing case, shows that sexual minorities continue to face egregious human rights violations.
The report, which aims to study human rights violations and allied discrimination on sexual minorities, have collated data from media reports as well as 17 Community BasedOrganisationsorCBOsfrom across India and includes the states ofUttarPradesh, Maharashtra, West Bengal, Gujarat, etc.
Explained: How the plea to quash section 377 made its way to the top court again
The plea to quash the section 377 of the IPC has risen from the grave and made its way back to the Supreme Court yet again after being thrown out in 2013.
Four judges to write verdict
Four judges on the five-judge constitution bench will be writing the judgement, reports suggest.
Chief Justice of India (CJI) Dipak Misra, Justice Dhananjaya Chandrachud, Rohinton Nariman and Indu Malhotra will write the judgement.Only Justice Ajay Khanwilkar has reportedly not penned a judgement.
Section 377 of the IPC 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.
This 2009 judgement of the Delhi High Court was overturned in 2013 by the Supreme Court which had also dismissed a review plea.
It had in 2013 restored the criminality of the sexual relationship between persons of the same sex, after the high court' had decriminalised it in 2009.
Bench not to go into curative petitions
The bench has already made it clear that it will not be going into the curative petitions and would adjudicate on fresh writ petitions in the matter.
The Centre, which had initially sought adjournment for filing its response to the petitions, later left to the 'wisdom of the court'the issue of legality of section 377 with regard to the aspects of criminalising consensual unnatural sex between two consenting adults.
Bench headed by outgoing CJI to deliver verdict
On July 17, a five-judge constitution bench headed by Chief Justice of India (CJI) Dipak Misra had reserved its verdict after hearing the stakeholders, including gay rights activists.
Supreme Court to rule on constitutional validity of section 377
The Supreme Court of India will today pronounce its much-awaited verdict on a number of petitions challenging the constitutional validity of section 377 of the Indian Penal Code (IPC).
The section criminalises consensual gay sex.
