New Delhi, Sep 6 : The Supreme Court on Thursday in a landmark decision decriminalised homosexuality by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”.
A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra gave the the verdict on a bunch of petitions filed by five celebrity petitioners, to scrap the law. The Chief Justice, while reading out the verdict said criminalising gay sex is irrational and indefensible.
- “Section 377 was a weapon to harass members of LGBT community, resulting in discrimination.”
- Section 377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights.”
- “No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums”
- “Autonomy of an individual is important. He or she can not surrender it to anyone”
- “Homosexuality is not a mental disorder”
- Sustenance of identity is the pyramid of life, observes Chief Justice of India Dipak Misra
- The state has no business to get in controlling the private lives of LGBT community members: Supreme Court Justice DY Chandrachud during hearing of case earlier today