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Gay sex no longer a crime in India

06 September 2018

The justices termed sexual orientation as a "biological phenomenon" and said any discrimination on this ground violated fundamental rights.

Justice Indu Malhotra said that history owes an apology to the LGBTIQ community for all that they have suffered on account of the ignorance of the majority about homosexuality.

He said that life with dignity is a recognised right.

Activists had been fighting the ban since the 1990s, suffering several court reverses before Thursday´s verdict.

"Sustenance of identity is the pyramid of life", CJI Misra added.

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Stating that majoritarian views and popular morality can not dictate constitution rights, Misra said, "The concept of constitutional morality urges the organs of the State including the judiciary to protect heterogeneity and prevent imposition of popular perception on the minority". Make way for the progressive realisation of social and economic rights and to begin a dialogue for ensuring individual rights reports, have to bid adieu to perception stereotypes. He tweeted, "Historical judgment!" Now it's time for attitudes to change. Majoritarianism in constitutionally is untenable.

The primary objective of having a constitutional society is to transform the society progressively; Constitutional provisions should not be interpreted in the literal sense. "This may not be the ideal way to come out to my parents but yes, we are not criminals anymore. we are who we are", said Smriti adding that the war was not won yet, it was only a battle.

The Supreme Court said other aspects of Section 377 remain in force. But the Supreme Court overturned that ruling, saying it should be up to Parliament to amend or repeal the law.

India's Supreme Court has ruled that gay sex is no longer a criminal offence in the country.

"Privacy is a fundamental right under Puttawamy case".

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A five-judge panel in the Supreme Court was unanimous in its decision to end the law known as "Section 377", which prohibits "carnal intercourse against the order of nature with any man, woman or animal". This led to a fresh bunch of petitions which cited the 2017 historic judgment to read down Section 377 and decriminalize homosexuality.

The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.

Gay sex had been punishable by up to 10 years in jail.

The initial group included Johar, a dancer, and his partner, Mehra, a journalist; Ritu Dalmia, a celebrity chef; Ayesha Kapur, a businesswoman; and Aman Nath, a hotelier.

The LGBTQ (lesbian, gay, bisexual, trans, queer) community welcomed the verdict that also said the society can not dictate a sexual relationship between consenting adults. The only thing left, was a confirmation from the bench of what many have already been feeling would be the only possible outcome for India - decriminalisation. Respect for each other's rights, and others are supreme humanity. Society is now better for individualism. State has no business to intrude into these personal matters.

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West Bengal Chief Minister Mamata Banerjee , who is in Darjeeling, said, "Although I am here, my heart is there". Of the injured, nine were admitted to the SSKM Hospital, while remaining seven were admitted to CMRO Hospital.

Anwesh Pokkuluri, along with 19 others who are present and former students of IITs across the country, had moved the Supreme Court in May which sought to challenge the constitutional validity of section 377. This will create a huge discourse around the rights of LGBT persons and it is being ordered by the court to be disseminated in a wide way.

Gay sex no longer a crime in India