10 incredible pictures of India exploding in ecstasy as gay sex legalised

Blanche Robertson
September 10, 2018

In a landmark verdict, the Supreme Court on Thursday partially scrapped the Section 377, a 158-year-old colonial law on consensual gay sex.

"Justice Chandrachud, according to The Hindu, questioned the meaning of the phrase "order of nature" in Section 377 and said: "[The] State can not decide the boundaries between what is permissible or not.

Gay rights campaigners in India are celebrating the decision to strike down a law that made gay sex punishable by up to 10 years in prison.

The law against gay sex, known as "Section 377", was introduced during British rule of South Asia more than a century-and-a-half ago. Several social activists and human right activists have been fighting for human rights and were registered as respondents in the pending curative petitions before this Supreme Court have chose to take up the matter for the both before the Supreme Court as well as before the Parliament of India.

The bench led by Chief Justice of India Dipak Misra and comprising Justices Rohinton F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra announced that homosexuality is no more a crime in India!

Notably, the Indian Supreme Court went out of its way to say the country's constitution was not "collection of mere dead letters" and can and should evolve with the changing times.

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In a unanimous verdict, the five-judge Constitution Bench decriminalised Section 377 IPC with regard to consensual gay sex, asserting that it was "irrational, indefensible and manifestly arbitrary" and that it violated fundamental rights to equality, life with dignity, personal liberty, non-discrimination, privacy and expression under Articles 14, 15, 19, and 21 of the Constitution.

Activists had been fighting the ban since the 1990s, suffering several court reverses before Thursday's verdict which sparked celebrations among lesbian, gay, bisexual and transgender groups (LGBT) across India. In 2009, the Delhi High Court described Section 377 as a violation of the fundamental rights guaranteed by the Constitution. "And, this not what a man is and this is not what a woman is".

Justice Chandrachud was one of the judges in that ruling as well.

Under what legal system the Hon'ble Supreme Court admitted almost five petitions on the same subject challenging the validity of Section 377 of the Indian Penal Code. Justice Nariman said homosexuality can not be regarded as "mental disorder" and homosexuals had the right to live with dignity. "Sexual orientation is one of the many biological phenomena which is natural and inherent in an individual and is controlled by neurological and biological factors".

"Justice Chandrachud also said that due to Section 377, the LGBTQ members were forced to live in hiding and as second class citizens, while the others used to enjoy the right of sexual orientation".

Indian members of the Integration Society, an organization committed to the defence of human rights and sexual freedom carry a rainbow banner as they take part in a march entitled "Walk on the Rainbow" in Kolkata, 26 June 2005 to commemorate the anniversary of the 1969 Stonewall riots in NY, said to be the birth of the Gay Liberation Movement. "We saw that in 377 where the government told us that we are leaving this to the wisdom of the court and this "wisdom of the court" was too enticing a principle for me not to respond so I responded in my judgment the other day".

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