New Delhi: “I am what I am, so take me as I am,” the Supreme Court Bench quoted German thinker, Johann Wolfgang von Goethe, while delivering its verdict decriminalising consensual sex among gay adults Thursday. A five-judge bench comprising Chief Justice Dipak Misra, Justice Rohinton F Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra has by way of its unanimous judgement, made parts of section 377 of the IPC inapplicable on homosexuals engaging in consensual sex.
“It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion,” the bench observed.
“Consensual carnal intercourse among adults, be it homosexual or heterosexual, in private space, does not in any way harm the public decency or morality. Therefore, Section 377 IPC in its present form violates Article 19(1)(a) of the Constitution,” bench said in its judgment.
“History owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries,” the bench observed.
A five-judge constitution bench headed by Chief Justice Dipak Misra unanimously held that the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community possess the same constitutional rights as other citizens of the country.
It termed sexual orientation as a “biological phenomenon” and “natural” and held that any discrimination on this ground was violative of the fundamental rights. In its 493-page judgement, the court also said, “Morality cannot be martyred at the altar of social morality and only constitutional morality can be allowed under the rule of law.” The apex court held that section 377 was being used as a weapon to harass members of the LGBTIQ community, resulting in discrimination.
The bench also said that homosexuality was not a mental disorder but a completely natural condition.
UN lauds SC verdict
New Delhi: United Nations India Thursday lauded the Supreme Court for striking down a “key component” of IPC’s Section 377 which criminalises “specific sexual acts between adults” and said the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons. It said: “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. We also hope that the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons in all areas of social, economic, cultural and political activity, thereby ensuring a truly inclusive society. The focus must now be on ensuring access to justice, including remedy. . .”
Like the Supreme Court’s verdict, we also do not consider [homosexuality] a crime. However, gay marriages and such relationships are not compatible with nature. These relationships are not natural, so we do not support this kind of relationship
Arun Kumar | RSS Prachar Pramukh
We allowed the government to interfere in our private lives but the apex court has stood up to uphold dignity of the people. This is not sex, this is freedom as government has no space in bedrooms as this is a private act between consenting adults. This is a dawn of freedom
Shashi Tharoor | Congress MP
Tomorrow when we wake up we would be able to look in the mirror and not see ourselves as a second class citizen or a criminal. This is an opportunity to fight further for equality
Ankit Gupta | LGBT activist (petitioner in case)
Supreme Court verdict on Section 377 is momentous. An age-old colonial law, that was an anachronism in today’s modern times, ends restoring the fundamental rights and negating discrimination based on sexual orientation. It’s an important step forward towards a liberal, tolerant society
Randeep Surjewala | Congress Spokesperson
This verdict could give rise to other issues such as an increase in the number of HIV cases
Subramanian Swamy | MP
