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In a landmark judgement, the Supreme Court of India has repealed the colonial-era law under Section 377 of the IPC that criminalised consensual homosexuality in India.

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.

"#Section377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights"- CJI Misra's judgment #LGBT

— Live Law (@LiveLawIndia) September 6, 2018

Discrimination on the basis of sexual orientation is violation of freedom of speech and expression- Judgment of CJI Misra & J Khanwilkar #Section377 #LGBT

— Live Law (@LiveLawIndia) September 6, 2018

BREAKING : Judgment of CJI Misra & Khanwilkar declares #Section377IPC unconstitutional, to the extent it criminalizes consensual sexual acts between adults, whether homosexual or hetrosexual. However, bestiality will continue as an offence.

— Live Law (@LiveLawIndia) September 6, 2018

J Nariman holds that homosexuality cannot be regarded as mental disorder #Section377 #LGBT

— Live Law (@LiveLawIndia) September 6, 2018

#Section377 has travelled so much that it has been destructive to LGBT identity : J Chandrachud #LGBT

— Live Law (@LiveLawIndia) September 6, 2018

#Section377 – Justice Malhotra – History owes an apology to these people and their families. Homosexuality is part of human sexuality. They have the right of dignity and free of discrimination. Consensual sexual acts of adults are allowed for LGBT community.

— sflc.in (@SFLCin) September 6, 2018

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!

We are free.

— harish 🏳️‍🌈 (@hiyer) September 6, 2018

I am going to cry. #LoveIsLove #377Verdict https://t.co/7iUuJmV0of

— Rituparna Chatterjee (@MasalaBai) September 6, 2018

https://twitter.com/sagarcasm/status/1037587954624024576

"The arch of the moral universe is long, but it bends toward justice." – Martin Luther King. #LoveIsLove #EqualRightsForAll #Sec377verdict

🏳️‍🌈🌈❤️🧡💛💙💜💚

— Raheel Khursheed (@Raheelk) September 6, 2018

🌈

— Abhishek Bachchan (@juniorbachchan) September 6, 2018

Well done well done well done ! It’s about time! 🏳️‍🌈! #pride #loveislove

— TheRichaChadha (@RichaChadha) September 6, 2018

Equality for India!!! Equal love. Equal rights. ❤️🌈 #RIPSection377 #Pride #LoveIsLove

— Dia Mirza (@deespeak) September 6, 2018

Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt pic.twitter.com/grA64TTB3w

— Swara Bhasker (@ReallySwara) September 6, 2018

We join the people of India & the LGBTQIA+ community in their victory over prejudice. We welcome the progressive & decisive verdict from the Supreme Court & hope this is the beginning of a more equal & inclusive society. #Section377 pic.twitter.com/Fh65vOn7h9

— Congress (@INCIndia) September 6, 2018

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