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Video: Abhishek Sharma
Celebrations erupt across the nation as members of the LGBTQ+ community shed tears of joy following the Apex Court’s pathbreaking verdict decriminalising homosexual relations.
In a landmark judgment, the five-judge bench of the Supreme Court unanimously, on 6 September, partially struck down the British-era law which criminalised consensual homosexual sex in India.
While reading his judgment on Section 377 of the IPC, Chief Justice of India Dipak Misra noted, “I am what I am. So take me as I am. No one can escape from their individuality”.
Justice DY Chandrachud observed that gays, lesbians, bi-sexual and transgenders have equal rights as other citizens.
“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,” observed Justice Chandrachud.
He noted, “Human sexuality cannot be confined to a binary.”
LGBTQ+ community has lauded the Apex Court’s verdict acknowledging their right to live and love.
The last judge pronouncing the judgment, Justice Indu Malhotra observed, “History owes an apology to members of LGBT community and their family members for 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.”
CJI Dipak Misra while reading his and Justice Khanwilkar’s judgment observed, “Section 377 has been partially struck down. The law will no longer apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians but will still apply to bestiality and sexual acts without consent by one of them.”
Justice RF Nariman observed that homosexuality cannot be regarded as a mental disorder.
Nariman's judgment includes a declaration against discrimination against the LGBTQ+ community. He noted that the government must take active steps to disseminate the judgment and create awareness against prejudice. Moreover, he noted that government officials will also receive sensitisation.
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