Love knows no bounds, SC decriminalises homosexual behavior : Section 377 verdict [ Read full Judgment ]
Thursday, September 6, 2018
Giving respite to the Lesbian Gay Bisexual Transgender community, the Supreme Court has restored a landmark judgment passed by the Delhi High Court in 2009 while decriminalising homosexuality. The five Judge bench of the Supreme Court has partially struck down Section 377 of the Indian Penal Code that criminalises unnatural sex. The Supreme Court has ruled that the law against unnatural sex will stand on the statute to deal with unnatural sex against minors and animals such as sodomy and bestiality.
The Supreme Court has stated that the denial of the right to sexual orientation is akin to denial of the right to privacy. Further, it also said, while pronouncing the verdict, “We can’t change history but can pass away for a better future”.
Section 377 not only criminalised unnatural sex including homosexual behaviour, against minors and animals but also consensual oral and anal sex. The Delhi High Court in 2009 had passed a judgment to decriminalise unnatural sex declaring Section 377 as unconstitutional. However, the matter when reached Supreme Court, the judgment was overturned leaving it on the Parliament to decide.
After a long back and forth in the courts and the Parliament, the government had left the matter on the Supreme Court and insisted to not go beyond debating criminality of unnatural sex. However, The right to marry, adopt and even the review of the Supreme Court’s 2013 judgment is still pending.