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India's LGBTQ community, activists and people celebrate Supreme Court verdict decriminalizing homosexuality

| @indiablooms | Sep 06, 2018, at 02:09 pm

New Delhi, Sept 6 (IBNS): As the Supreme Court of India on Thursday scripted history by moving to scrap the draconian Section 377 of Indian Penal Code that considered gay sex as a crime, a large number of Indians and the entire LGBTQ community and rights groups celebrated the judgement that came after a long struggle of the gay community.

"Take Me As I Am," said Chief Justice Dipak Misra reading out the landmark judgement.

The Naz Foundation fighting for the gay rights since decades reacted hailing the verdict.

"Our court, our justice system, really believes in the rights of the people." says Kalyani Subramanyam, Naz's Programmes Director on Supreme Court's verdict on #Section377,

Prominent Indian filmmaker Karan Johar, who was often slammed for not coming out officially on his sexually, called it a historic judgement which gave back the country its oxygen.

"Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!" he tweeted posting an image of a rainbow flag that screamed FINALLY.

Film writer Apoorva Asrani, who was always open about his sexuality, tweeted to thank one of the judges in the five member bench that delivered the verdict.

"Thankyou Justice #InduMalhotra. No judgement, no words will bring back the years lost in darkness. Nor will it bring back those that lost their lives during the struggle. But your compassion might help a generation that still has their life ahead. They deserve no discrimination."

Actor Ayushmann Khurana tweeted RIP  #Section377

"The new sunshine of this day is that of a progressive India. Love all!" he posted.

Writer Chetan Bhagat tweeted: "So #Section377 is decriminalized. An outdated law that needed to go. Congrats to all!"

The judgement:

In a historic judgement that can be called a milestone in the movement for gay rights in India, the Supreme Court on Thursday ruled that homosexuality is not a crime in the country anymore with the top court moving to scrap Section 377 of the Indian Penal Code, a British era law that treated the practice as unnatural.

A five-judge bench headed by Chief Justice of India Dipak Misra delivered its verdict on whether Section 377 that holds gay sex as an offence in India, ruling that homosexuality is not an offence.

All judges concurred on their opinions and their viewpoint was 'take me as I am' and that prejudice cannot rule India. Outside the court and across the nation people celebrated.

The CJI said: "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."

"Respect for individual choice is the essence of liberty; LGBT community possesses equal rights under the constitution," the apex court said.

Holding that homosexuality is not mental disorder, the court said: "Autonomy of an individual is important. He or she can not surrender it to anyone"

In 2013, the top court had upheld gay-sex as an offence though this section was read down  by the Delhi High Court in July 2009 in response to a Naz Foundation petition in the Delhi high court against Section 377.

That judgement was overturned by the Supreme Court  on 11 December 2013  holding that amending or repealing section 377 should be a matter left to Parliament, not the judiciary. However, the same court reversed it again today making gay sex legal in India.

Besides Chief Justice Dipak Misra the bench comprises judges R.F. Nariman, A.M. Khanwilkar, D.Y.Chandrachud and Indu Malhotra.

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