In Historic Verdict, Supreme Court of India Strikes Down Sec 377, Decriminalise Homosexuality

Remember this day if you ever want to know how history is made.

In a landmark judgement, the Supreme Court of India has repealed the colonial-era law under Section 377 of the IPC that criminalised consensual homosexuality in India.

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A five-judge bench of the Supreme Court—comprising Chief Justice of India (CJI) Dipak Misra and Justices  R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra—pronounced a unanimous verdict that has been awaited with bated breath by the LGBTQ community for years now. In 2013, the Supreme Court had set aside a verdict passed by Delhi High Court in 2009 which decriminalised consensual sex between two adults of the same sex, and reinstated Section 377.

However, on this Thursday of September 6, 2018, the Supreme Court has overruled the 2013 verdict in and struck down the draconian law that made gay sex an offence.

As per this verdict, it is no longer an offence under Section 377 for same-sex adults to engage in consensual sex in private.

Chief Justice of India Dipak Misra read out his judgement, proclaiming,

“I am what I am. So take me as I am. No one can escape from their individuality. Sustenance of identity is the essence of existence.”

Apart from CJI Misra, the five judges read their individual judgements, and each of them highlighted how Section 377 deprived the LGBTQ community of dignity and was a violation of their freedom of speech and expression.

The verdict comes are a huge relief and a historic moment of celebration not just for the LGBTQ community but for everyone who stands for an individual’s right and dignity to be who they want to be.

Social media witnessed an explosion of euphoria at this moment of immense PRIDE!

Thank you Supreme Court, and congratulations India! You’re starting to get it right!

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