“I Am Who I Am, Take Me As I Am”: SC Decriminalises Homosexuality
“History owes an apology to the LGBTQ community”: Five-judge SC bench partially strikes down Section 377.
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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”.
- CJI Dipak Misra, Justices RF Nariman, DY Chandrachud and Indu Malhotra pronounced separate but concurrent judgements
- Section 377 will still apply to sex with animals and non-consensual sexual acts
- History owes an apology to LGBTQ community: Justice Indu Malhotra
- Government should take initiatives to sensitise about LGBTQ rights: Justice Nariman
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What Does Section 377 Say?
In 2001, the NGO Naz Foundation had approached the Delhi High Court against it.
In 2009, the Delhi High Court decriminalised sex between consenting adults of the same gender by holding the penal provision "illegal".
The 2009 judgement of the High Court was overturned in 2013 by the apex court which also dismissed a review plea. So, in 2013, the SC restored the criminality of the sexual relationship between persons of the same sex.
The five-judge bench on 10 July had made it clear that it was not going into the curative petitions and would adjudicate on fresh writ petitions in the matter.
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Four Judges to Pen Separate Judgments
Four judges of the five-judge constitution bench, Chief Justice of India Dipak Misra, Justices RF Nariman, DY Chandrachud and Indu Malhotra, will be penning down separate judgements in the Supreme Court on 6 September. Only Justice AN Khanwilkar will not author the judgment.
This means that the judges could be differing in their opinions even though a common verdict is reached.
Verdict Delayed by 30 Minutes
The verdict will be delayed by at least 30 minutes to 11.15 AM due to the full court reference in memory of two senior advocates, Late Dr GC Bharuka and Late VA Mohta.
Judgment to be Pronounced at 11.30 AM
Full court reference in memory of two late judges of the Supreme Court has concluded. The top court will re-assemble at 11.30 AM when the Section 377 judgment will be pronounced.
CJI Starts Reading Verdict
CJI Dipak Misra has started reading out the verdict. He said it's a unanimous verdict expressed through four separate but concurring judgments.
Reading out his own judgment first, CJI Dipak Misra observes, "No one can escape from their individualism. Society is now better for individualism.”
He reads, “Sustenance of identity is the pyramid of life.”
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Section 377 Will Apply to Non-Consensual Sexual Acts
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.”
Homosexuality Cannot be Regarded as Mental Disorder: Justice Nariman
After CJI Dipak Misra read out his judgment, 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.
LGBTQ+ Have Equal Rights as Others: Justice DY Chandrachud
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.”
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History Owes an Apology to LGBTQ Community: Justice Indu Malhotra
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.”
In Pictures: Celebrations Across the Country After SC Decriminalises Homosexuality
Judgment on the Same Grounds of Privacy, Dignity & Constitutional Freedoms: Congress MP Shashi Tharoor
Love Has Become the Law of Nature Once Again: LGBTQ Activist Harish Iyer
Poet and LGBTQ Activist Akhil Katyal Pens an Emotional Poem
#Section377Verdict Ensures Queer People Can Live With Dignity and Rights: LGBTQ Activist Dhrubo Jyoti
UN Welcomes #Section377Verdict
Welcoming the SC’s verdict on Section 377, United Nations, in a statement, said, “Sexual orientation and gender expression form integral part of individual’s identity the world over and violence, stigma and discrimination based on these attributes constitute an egregious violation of human rights.”
What the Four Judgments Read
Cartoon: SC Makes India Swell with #Pride, Homosexuality is No Crime!
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How Our Political Leaders Reacted to #Section377Verdict
Take a look at how our leaders reacted to the historic judgment passed by the apex court. Read here.
Rainbows, Smiles and #Pride Across India
Five Stunning Quotes by SC Judges on #Section377Verdict
As the colours of pride fly higher today in India, here’s a compilation of some of the stunning quotes made by the Supreme Court judges on the afternoon of 6 September, 2018.
In Pictures: India Celebrates Freedom From Criminalisation of Homosexuality
RSS: Like SC We Don't Consider This a Crime, But Same-Sex Relationships are Unnatural
The Rashtriya Swayamsevak Sangh voiced its thoughts on the Supreme Court’s partial scrapping of Section 377.
“Like the Supreme Court we too do not consider this a crime. However, same sex marriage and relationship are neither natural nor desirable which is why we do not support such relationships,” Arun Kumar, Akhil Bharatiya Prachar Pramukh, RSS said.
He added, “Traditionally, the Indian society too does not recognise such relations. A man usually learns by experiences which is why this subject has to be dealt at social and psychological levels.”
What Does the Supreme Court's Verdict Mean?
The Quint’s Legal Correspondent Vakasha Sachdev takes you through what this landmark judgment means.
'We Have the Trans Community to Thank. They Started It.'
Celebrations of the Supreme Court’s verdict scrapping the part of Section 377 of the IPC that criminalises homosexuality are coming in from across the country. From Delhi, to Kolkata where The Quint’s correspondent Ishadrita Lahiri brought us this scene.
Mumbai Celebrates the Supreme Court Verdict
Mumbai citizens celebrated the landmark verdict with a victory march. The Quint’s Bilal Jaleel caught up with the party.
Amnesty International: SC Verdict is a Historic Step
The landmark ruling by India’s Supreme Court decriminalizing consensual same-sex relations is a historic step, which sends a message of hope not only to lesbian, gay, bisexual, transgender and intersex (LGBTI) people, but to everyone fighting for justice and equality, Amnesty International India said today.
The Court’s unanimous verdict has upheld the right to equality, privacy, dignity and freedom of expression of all people regardless of their sexual orientation. The apex court added that any discrimination on basis of sexual orientation is a violation of fundamental rights guaranteed by the Indian Constitution.
Celebrations Across India Welcoming the Supreme Court's Verdict on Section 377
From former Attorney General Mukul Rohatgi to activist Akkai Padmashali in Chennai, author Devdutt Pattnaik and actor Richa Chadha, we’re getting reactions welcoming the verdict from across the country.
Humsafar Trust: We Waited 18 Years, but It Was Worth It, Azaadi Finally in India!
The Humsafar Trust is a community-based organization in Mumbai working in the area of health and human rights of sexual minorities, and one of the petitioners who moved the SC against Section 377.
International Court of Justice Welcomes SC Verdict
“This judgment will not only have an impact in India. Its influence should extend across the world. The ICJ hopes that it will provide an impetus for other countries, especially those of the Commonwealth of Nations, to revoke similar provisions that criminalize consensual sexual relations,” ICJ Asia Pacific Director Frederick Rawski stated.
Subramanian Swamy: Homosexuality is a Genetic Disorder Like Having Six Fingers
BJP MP Subramanian Swamy has given his thoughts on the Supreme Court verdict decriminalising homosexuality, stating, “It is the American game. Soon there will be gay bars here where homosexuals can go. HIV will spread. So, after looking at the consequences I hope the next Govt will move a 7 judge bench to set aside this 5 judge bench order.”
Swamy adds: