LGBTQ Community Celebrates As Supreme Court Decriminalizes Section 377

Just like any other Indian citizen the LGBTQ people have the same rights.

A new era begins as the Supreme Court has decriminalized the British-era law that criminalized gay sex.

A five-judge Constitution bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justices D Y Chandrachud, Rohinton Fali Nariman, A M Khanwilkar and Indu Malhotra, issued the verdict on a bunch of petitions filed to scrap the law.

Criminalizing gay sex is irrational and indefensible, said the CJI.

“No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums,” CJI Misra said before reading out the verdict.

“Sustenance of identity is the pyramid of life,” he added.

READ ALSO:  #RIGHTTOLOVE: SUPREME COURT’S VERDICT ON SECTION 377

The top court had also said, “no one should have to live in fear because of their sexuality.”

The case was fought in the early 90’s by the NGOs, The Naaz Foundation mainly.

In 2009 The Supreme Court had decriminalized the act, only for it to be restored in 2013.

The restoration was opposed by Bharatnatyam dancer Navtej Johar, documentary filmmaker Sunil Mehra, restaurateur Ritu Dalmia, hotelier and historian Aman Nath and business executive Ayesha Kapur.

These 5 high-profile petitioners became the human faces of the battle.

The opponents’ argument that the decriminalization of Section 377 would also legalise incest, group sex and sodomy were claimed as far-fetched by the Supreme Court.

The Supreme Court had also said, “no one should have to live in fear because of their sexuality.”