New Delhi: The Supreme Court on Thursday in a landmark decision decriminalised homosexuality by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”.
The top court delivering separate but concurring judgments, said it is the constitutional and not social morality which will prevail. The verdict sparked celebrations amongst the LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community across India.
Chief Justice Dipak Misra, also speaking for Justice A.M. Khanwilkar, said attitude and mentality has to change to accept the others’ identity and accept what they are and not what they should be.
Justice Rohinton Nariman, Justice D.Y. Chandrachud and Justice Indu Malhotra delivered concurring judgments thereby making the verdict of the five-judge bench a unanimous one.