Rainbow flags greet SC verdict on gay sex

Exclusive! Tusshar Kapoor on #Section377 We don’t need these archaic laws everyone must live happily

Exclusive! Tusshar Kapoor on #Section377 We don’t need these archaic laws everyone must live happily

'So proud today! Decriminalizing homosexuality and abolishing section 377 is a huge thumb up for humanity and equal rights!

As of 2017, more than 70 countries have laws that criminalize gay sex, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association.

Members of the LGBT community hugged each other and cried as news of the verdict spread.

Supreme Court will pronounce its verdict on Section 377; an arguable law came into existence at the time of colonization that criminalizes gay sex.

It bans "carnal intercourse against the order of nature with any man, woman or animal". In the judgement on privacy as a fundamental right, the apex court's nine-judge bench had said the right to privacy can not be denied to members of the LGBT community merely because they have unconventional sexual orientation and form a miniscule fraction of the over 1.32 billion Indian population.

"Like the Supreme Court's verdict, we also do not consider this (homosexuality) as a crime", Rashtriya Swayamsevak Sangh (RSS) "prachar pramukh" Arun Kumar said in a statement.

Five-judge bench headed by Chief Justice of India Dipak Misra has deliver the verdict shortly. "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". The co-author of a homophobia report tells CNN 30 of almost 50 former British colonies still have the colonial-era anti-LGBT laws on the books; Al Jazeera notes nearby Pakistan, Sri Lanka, and Bangladesh still consider homosexuality illegal. The justices penned down four separate but concurring judgments - one by Justice Dipak Misra and Justice Khanwilkar, and one each by the other three judges.

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During one hearing, Justice Chandrachud observed that "our focus is not only on the sexual act, but the relationship between two consenting adults and the manifestation of their rights under Articles 14 and 21 ..."

The court found that the ban - and punishment of as much as 10 years in prison - had effectively "closeted" the LGBT community, which it said has the same rights as others in Indian society. "It will also pave the way for anti-discrimination laws and equal opportunity laws for LGBT persons", said Gowthaman Ranganathan, a lawyer who represented one of the interveners.

CJI Dipak Misra, in early 2018 made a decision to pull-out petitions filed over two years by renowned dancer Navtej Singh Johar, journalist Sunil Mehra, celebrity chef Ritu Dalmia, historian Aman Nath and businesswoman Ayesha Kapur.

The issue of section 377 was first raised by an NGO, Naaz Foundation, which had in 2001 approached the Delhi High Court that had decriminalised sex between consenting adults of the same gender by holding the penal provision "illegal".

Justice Indu Malhotra said that history owed an apology to members of LGBT community and their families for ostracisation and persecution they faced because of society's ignorance that homosexuality is a natural trait; its penal suppression infringes a host of fundamental rights.

"Any discrimination on this basis is unconstitutional".

"The right to live with dignity has been recognised".

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