Section 377: Supreme Court set to give ruling on plea to legalise gay sex NEW DELHI: In a historic judgement, the Supreme Court (SC) on Thursday ruled that consensual adult gay sex is not a crime saying sexual orientation is natural and people have no control on it. Here is a look at the timeline of events which led to this historic verdict -* Time 12:25 PM, September 6 2018, gay sex stands decriminalised. All five judges signed the verdict. Homosexuality gets legal approval and recognition. SC reads down 158-years old colonial law and allowed gay sex among consenting adults in private. * Section 377 of the IPC refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. * The section came into force in 1861 during the British rule of India (modelled on the Buggery Act of 1533) which criminalised sexual activities "against the order of nature", including homosexual activities. * It says - 'Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine. '* The issue of Section 377 was first raised by an NGO, Naaz Foundation, and AIDS Bedhbhav Virodh Andolan, in the Delhi high court in 2001. Both the petitions were dismissed in the court. * Eight years later, the Delhi HC decriminalised sex between consenting adults of the same gender by holding the penal provision "illegal". * However, the 2009 judgement of the high court was overturned in 2013 by the Supreme Court which had also dismissed a review plea. * The LGBT community got hope in 2014 when the SC directed the government to declare transgender a 'third gender' and include them in the OBC quota. * On August 24, 2017, the SC had upheld the Right to Privacy as a fundamental right under the Constitution. The SC also had called for equality and condemned discrimination, stating that the protection of sexual orientation lies at the core of the fundamental rights and that the rights of the LGBT population are real and founded on constitutional doctrine. * In January 2018, a three-member SC bench heard a petition filed by five people asking the apex court to revisit the Naaz Foundation judgement. The case was referred to a larger bench and help was sought from the Centre also. * The apex court on July 17 reserved its verdict on whether to decriminalise Section 377 or not. The SC will decide whether the section criminalising consensual gay sex is valid or not on Thursday. * Gender rights activists have argued that Section 377 violates different articles of the Indian Constitution — Article 14 guaranteeing equality before law to all individuals; Article 15 ensuring that no person is discriminated against on the basis of caste, gender, creed etc; and Article 21 ensuring the right of life and liberty to all the citizens of the country.<doc-sep>Historic verdict: SC rules gay sex is not a crime; what is Section 377? Watch: Gay sex is no longer a crime in India; what is Section 377? "The r So pleased to learn that the SupremeCourt has ruled against criminalising sexual acts in private. This decision vin… https://t.co/E4kwhawjhg — Shashi Tharoor (@ShashiTharoor) 1536215975000 A long, hard fight Section 377: Gay sex legal in India, LGBT community celebrates across the nation NEW DELHI: In a historic judgment, the Supreme Court SC ) on Thursday ruled that consensual adult gay sex is not a crime saying sexual orientation is natural and people have no control over it.The judgment, by a Constitution bench of the country's top court, has defanged the British-era Section 377 of the Indian Penal Code (IPC), which deemed that gay sex is a punishable offence. Now, it is no longer an offence under Section 377 to engage in consensual gay sex in private.Thursday's judgment heralds a new dawn for personal liberty and is a major victory for the LGBTQ (lesbian, gay, bisexual, transgender) community that has been fighting hard and persistently to legalise gay sex. "The law must be interpreted as per the requirement of changing times," said the SC in its judgement. "Consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice. Section 377 results in discrimination and is violative of constitutional principles," said the SC.The five-judge Constitution bench - comprising Chief Justice of India (CJI) Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra - was unanimous in its decision. "Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community...LGBT community possesses same equality as other citizens," said CJI Dipak Misra.What society thinks, the judges said, has no say when it comes to people's freedoms. "Social morality cannot violate the rights of even one single individual," said CJI Misra and Justice Khanwilkar.Society owes an apology to the LGBTQ community, said Justice Malhotra. "Members of LGBT community members and their family members are owed an apology from society for being denied equal rights over the years," said Justice Malhotra.The SC ruled in August 2017 that every individual has a fundamental right to privacy, which is a part of the right to life, and sex is private. The judges on Thursday referred to that as well.ight to privacy as part of right to life applies fully to the LGBT community," said CJI Misra. "We have finally got justice. We are finally 'azaad in azaad Hind'," said Ashok Row Kavi, LGBT rights activist and founder of Humsafar Trust after the apex court's judgement.Justice Chandrachud said Section 377 had thus far destroyed gay peoples' identity. "Punishment under Section 377 made the LGBT a closeted community, destroyed the identity of members and reached their dignity, all part of right to life. The state has no business to get into controlling the private lives of LGBT community members or for that matter that if any citizen," he said.Congress leader Shashi Tharoor, who's long been a supporter of gay rights, said his stand is now vindicated.There were indications earlier that the SC favoured legalising gay sex. All through the hearing of the plea, the apex court had been dropping broad hints that indicated relief from the stringent Section 377. Still, it was the same court that in 2017 overturned a Delhi high court that decriminalised gay sex, so it was by no means a given which way the court would go Thursday.The top court's verdict was previously set to be delivered on July 17, but on that day, it decided to reserve its verdict. But even as it did that, a bench of Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra brushed aside as "far-fetched" arguments from opponents of decriminalising Section 377. These opponents said making gay sex legal could lead to incest, group sex and sodomy also being made legal.Prior to reserving the verdict, the bench had, in what was yet another indication of which way it could go, also disapproved of arguments that a majority of the population in India is against legalising gay sex. "We decide questions of law on the basis of the Constitution, constitutional principles and its ethos and not based on a referendum," said the SC's Constitution bench at the time.The SC was firm that no community, however small it may be by comparison to the majority, could be deprived of its sexual rights and expression of sexual orientation. While the top court acknowledged that sex as per the order of nature was seen as intercourse between a man and a woman for the purpose of procreation, the fact that it had already recognised a third gender needs to be kept in mind. "It could have come from the Bible or any other religious text. But the SC has already recognised unique sexual orientation when it created 'third gender' apart from 'male' and 'female' conventionally used till date," it had said.The five-judge bench was also disinclined to entertain persistent requests from various organisations to leave the decision on decriminalising Section 377 to Parliament given the wide ramification of legalisation of gay sex on matrimonial and civil laws. "The moment there is a finding that a provision violates the fundamental right of citizens, this court has power to strike it down irrespective of the majoritarian government's power to repeal, amend or enact law. It is for us to strike it down the moment something violates fundamental rights," said back in July.Two years ago, a petition was filed by dancer N S Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur who said that Section 377 violated their right to privacy and personal liberty.But even while their petitions were pending, a nine-judge bench of the SC ruled in August 2017 that every individual has a fundamental right to privacy, which is a part of the right to life.<doc-sep>Sustenance of identity is the pyramid of life: Chief Justice of India Dipak Misra Here are the top 5 quotes of the Supreme Court on Section 377 "Section 377 was a weapon to harass members of LGBT community, resulting in discrimination." Section 377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights." "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums" "Autonomy of an individual is important. He or she can not surrender it to anyone" "Homosexuality is not a mental disorder" Comments In a historic judgement, the Supreme Court on Thursday has struck down the Section 377, which criminalized homosexuality. A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra gave the the verdict on a bunch of petitions filed by five celebrity petitioners, to scrap the law. The Chief Justice, while reading out the verdict said criminalising gay sex is irrational and indefensible. "The Government must give wide publicity and government officers should be sensitised on LGBTs," said Justice DY Chandrachud. And Justice Indu Malhotra said, "History owes apology to the LGBT community for their sufferings."<doc-sep>Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs u… https://t.co/H50nkRw8Ac — Karan Johar (@karanjohar) 1536215226000 Section 377: Gay sex legal in India, LGBT community celebrates across the nation NEW DELHI: They hugged, they cried tears of joy and they danced their hearts out as rainbow flags swirled the skies with the LGBTQ community breaking into impromptu jubilations on roads, in hotels and everywhere else after the Supreme Court Thursday decriminalised consensual gay sex.Bollywood celebrities, authors, advocates, teachers, politicians and people from all walks of life joined the activists, who have been fighting a long-drawn battle against a colonial era law, in their celebrations after the apex court's historic verdict granted them "a basic human right".Amid all celebrations, many also acknowledged their fight may still go on as a complete equality remains some distance away due to fears of police and mob violence and continuing legal obstacles to right to adoption and to gay marriages.A five-judge Constitution bench of the Supreme Court unanimously struck down a part of the 158-year-old law under Section 377 of the IPC, which criminalised consensual unnatural sex.The LGBTQ (lesbian, gay, bisexual, trans, queer) community welcomed the verdict that also said the society cannot dictate a sexual relationship between consenting adults. Many cut cakes and waved the rainbow flag -- which has come to be associated with the gay pride movement and is often used during marches held by the community to reflect its diversity.Activist Anjali Nazia said the Supreme Court had paved way for bigger judgments ahead. "We were granted a basic human right today and we can't express just how happy we are," Nazia told PTI.Describing the verdict as a landmark, Anjan Joshi, member of the Society for People, Awareness, Care and Empowerment (SPACE), said it would be help them in their quest for equality. "It is a start. We know we have a long way to go in terms of right to adoption, right to marriage but it is a very welcome beginning," Joshi said.For many activists, this was a harbinger of better days to come. A member of the gay community who requested anonymity said the decision was long due. "I have suffered for 10 years because of my sexuality. Hopefully things will change," he said.Alliance India CEO Sonal Mehta said it is a day of victory for love and law. "We are finally not criminals and this minuscule minority has an identity now," is how gender and sexuality rights activist Arpit Bhalla put it.One of the petitioners said it is a new dawn for the community which would no more feel like a criminal and a second class citizen.Film director Hansal Mehta, who made "Aligarh" on life of an Aligarh Muslim University professor Ramchandra Siras who had faced discrimination for being gay, called the verdict a "new beginning". "A new beginning. The law is gone. The Supreme Court has done what parliament failed to do. Now it's time for attitudes to change. Let's rejoice but let us also reflect," he tweeted.Filmmaker Karan Johar also hailed the verdict and said it is a huge thumbs up for humanity and equal rights. "The country gets its oxygen back!" he wrote on Twitter.Actor Sonam Kapoor said she has tears of joy for the LGBTQI community and "one day there won't be any labels and we will all live in utopia. "Actor Swara Bhaskar said the verdict showed that popular morality cannot suppress constitutional rights.The Rashtriya Swayamsevak Sangh said it does not consider homosexuality a crime, as declared by the Supreme Court verdict, but it does not support same-sex marriage as such relationships are not "compatible with nature".Calling the change "historic", LGBT activist Ankit Gupta of the Humsafar Trust said the fight for equality continues and there is still a long way to go for itAnother activist with the Humsafar Trust said the change has come after 18 years of suffering and what the community has gone through in these 18 years could not be expressed in words. "Tomorrow when we wake up we would be able to look in the mirror and not see ourselves as a second class citizen or a criminal," he said.The Congress also put out a Twitter post welcoming the judgment. "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," it said, adding intersex and asexuality to LGBTQ.Expressing his happiness, senior Congress leader Shashi Tharoor said the judgment "shamed" BJP MPs who had opposed him on the issue in the Lok Sabha.The United Nations also lauded the supreme court and said the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons.It also hoped the ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons.Sexual orientation and gender expression form an integral part of an individual's identity the world over, and violence, stigma and discrimination based on these attributes constitute an "egregious" violation of human rights. it said.Writer Chetan Bhagat said India will survive and thrive only by accepting diversity.Feeling jubilant and emotional, feminist activist Rituparna Borah called the verdict a stepping stone. "But there are issues like police violence, right to adoption and marriage that still stay," she told PTI.<doc-sep>
Section 377: Gay sex is legal in India now NEW DELHI: A five-judge SC bench on Thursday by unanimous decision decriminalised Section 377 making gay sex legal. CJI Dipak Misra and Justice AM Khanwilkar pronounced the first judgment saying consensual sexual relation between same gender adults in private does not fall foul of section 377 IPC. Here is a look at what the apex court said in its verdict -* "Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community. "* "Our Constitution nurtures dissent as a safety valve of society and it does not impose conformity. We cannot change history but pave the way for better future. "* "Centre must give wide periodic publicity to SC judgment to eliminate stigma attached to LGBT community. "* " Homosexuality is not a mental problem and the Parliament is also alive to the fact. "* "LGBT community has the same rights like other members of society. "* "Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC. "* "Punishment under Section 377 made the LGBT a closeted community, destroyed the identity of members and reached their dignity, all part of right to life. "* "Progressive and pragmatic view should be taken by court to come to the rescue of oppressed section of society. The law must be interpreted as per the requirement of changing times. "* "Court must try to protect the dignity of every individual of the society including people from LGBT. Sexual orientation is natural and people have no control on it. "* "Social morality cannot violate the rights of even one single individual. "* "It amounts to retrograde step if we accept the verdict on criminalising gay sex. "* "SC says consensual sex between adults in private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice. "* "Section 377 is a colonial legacy and it continued in the law book even after independence. "* "Human tendency to love among LGBT community members had been caged by a 158 year old law, Sec 377. Though 87 yrs after the law was born India got independence, Legislature did not take measures to give LGBT community the equal rights for sexual relation."