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India's Supreme Court Legalizes Gay Sex In The Historic Verdict

The world's largest democracy just punched down a ban on gay sex.


Section 377 of the penal code criminalises consensual sexual acts between adults of the same sex, as it was unconstitutional. A historic verdict was given on Thursday when India's Supreme Court declared parts of Section 377 unconstitutional, the decision that finally brings an end to a colonial-era ban, for which many have long fought to undo and that may declare a change in countries across the world.


The verdict delivered a powerful retaliation to institutionalised disgust and contempt aimed at the LGBT community in India. No sooner the judgment was announced, celebrations vented as people from the community rejoiced in the streets.



The Petitioners

The verdict declared was on five petitions moved by dancer Navtej Johar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur.



The Panel Of Judges

The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.



The Judgement

Chief Justice Dipak Misra, who headed the five-judge bench hearing the case said Section 377 is irrational and arbitrary. Further, he added
"LGBT Community has same rights as of any ordinary citizen. Respect for individual choice is the essence of liberty; the LGBT community possesses equal rights under the constitution. Criminalising gay sex is irrational and indefensible,".



Justice Chandrachud, one of a five-judge bench in the Supreme Court who delivered the verdict said.
"To deny the LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy,". "They cannot be pushed into obscurity by an oppressive colonial legislation."



Justice Indu Malhotra, the only woman on the bench, acknowledged the harm the law had done.
"History owes an apology to the members of this community and their families for the ignominy and ostracism that they have suffered through the centuries. The members of this community were compelled to live a life full of fear of reprisal and persecution.”



pic courtesy: twitter
The verdict was greeted with scenes of celebration, as gay people across the country cried, hugged, danced and waved flags.



Chef and Hotelier and  Ritu Dalmia, who was one of the groups of five petitioners first challenging the ban, told ABC News she hadn't been able to hold back her tears.
"This really is a good day for human rights and democracy," she said.

pic courtesy: cnn
LGBT activist Harish Iyer said that the landmark verdict was the first step in a long road towards social acceptance in Indian society, large parts of which still hold deeply conservative views.
"We are free. The door of the closets are finally open," he told ABC News. "But we don't have time to rest on our laurels. This is just the beginning of our fight to tell our story in its full glory."

pic courtesy: twitter
And the great thing is, it's not just India that is affected by the verdict. The original law had echoed far beyond India, including in countries where homosexual people still struggle for acceptance

Jessica Stern, the executive director of the New York-based rights group OutRight Action International, told the Associated Press.
“The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world,” she said in a statement, saying “today’s historic outcome will reverberate across India and the world.”



Homosexuality In India

In India relationship with homosexuality has finally changed over a long time. Though Hinduism, India's primary religion, was historically tolerant of same-sex love, after British colonizers introduced their more conservative laws and ways of thinking, stigma began to build.

pic courtesy: twitter
Section 377, a relic of Victorian England, was laid down in India in 1861 and says that “whoever voluntarily has carnal intercourse against the order of nature” can be punished with up to 10 years in prison.

The Supreme Court began hearing petitions against the ban in July, it was a beginning of an emotional debate over the right to freedom and privacy. During the hearing of the case, the judges made observations that have widely given hope to the gay community.



The Joy And Appreciation

The verdict has been appreciated from various sections of our society, with celebrities and political leaders expressing joy over the historic judgment. However, as per updates, the BJP and the RSS were critical of the latest development.

pic courtesy: twitter
Even Google India is celebrating the victory, it has put out a 'rainbow flag' on its homepage on Thursday to mark the decriminalisation of consensual gay sex by the Supreme Court.




pic courtesy: twitter
Well, we can say it's definitely India emerging, beginning of a new era!




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