Supreme Court decriminalises gay sex in landmark verdict

In a landmark judgement on September 6, the Supreme Court of India struck down Section 377 of the Indian Penal Code (IPC), thereby decriminalising gay sex.

The judgement, in favour of gay rights, was pronounced on a number of petitions that had been moved challenging the constitutional validity of the section.

The five-judge constitution bench of the apex court observed that freedom of living is a facet of life.

While the top court declared Section 377 as unconstitutional to the extent that it criminalises consensual sexual acts between adults, whether homosexual or heterosexual, it said bestiality would continue to be an offence.

While reading out the verdict, Chief Justice of India (CJI) Dipak Misra said, “No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums".

“(We) have to bid adieu to prejudices,” Misra said.

Justice Dhananjaya Chandrachud said, “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 Rohinton Nariman held that homosexuality cannot be regarded as a mental disorder, effectively overruling the 2013 judgement of the Supreme Court.

After the verdict, 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.” (edited)

In 2013, the top court had in turn overturned a 2009 judgement of the Delhi High Court decriminalising gay sex. The apex court had in 2013 restored the criminality of the sexual relationship between persons of the same sex.