Sec 377 -Animikh
Adding another feather in the Constitutional Democracy of India a five-judge bench in the Supreme Court passed the verdict of decriminalisation of gay sex saying that it is only natural and people do have the right to engage in consensual gay sex in private. It was way back in British ruled India that Section 377 was introduced in the Indian Penal Code (IPC) which stated that gay sex is a criminal offence. SC reiterated the fact that Section 377 violates Indian Constitutional principles as it promotes discrimination in individual choices and preferences.
This unanimously taken historic and landmark verdict was passed by the bench headed by the Chief Justice of India Deepak Mishra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. This verdict ensures the LGBTQ Community that they will enjoy equal constitutional rights as other citizens. They also won the right to adopt, marry and have a family.
This bolsters the fact that people and their freedom is based on their choices and preferences and not on what the society thinks or believes. Social morality should not intrude in people's freedom and contravene the fundamental rights of even a single Indian, assured the verdict of SC. Justice Malhotra even went on saying that the society owes an apology to the LGBTQ community for the clear injustice it did to them for over a hundred years.
Celebrations started as soon as the verdict was passed with people from all sections of the society welcomed the verdict unanimously. Overjoyed individuals across the country went to the streets with the rainbow flag to celebrate this landmark judgement. Celebrities like Karan Johar, Swara Bhaskar etc welcomed the news with open arms in social media.
After a long time we are seeing the whole country getting reunited and agreeing unanimously on an issue which is finally a part of history from today.
The SC's acumen today highlighted the areas of the section which criminalises consensual unnatural sex as “irrational, indefensible and manifestly arbitrary”. The top court further said that Section 377 not only discrimination of human rights but was also used as a weapon to harass the LGBT community.
This is indeed a day for whole of India to embrace and celebrate unanimously the historic verdict which totally abolished and crushed the archaic british law which dates back to 1861. -
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