The Indian Supreme Court struck down a ban on gay sex today, Thursday 6th September , which was first put in place 157 years ago—and people were ready to celebrate.
Consensual gay sex, a crime previously punishable by life in prison, was decriminalised in a unanimous verdict which saw Justice Indu Malhotra—the only woman on the bench—strongly condemn the colonial Section 377 law.
She told the court: “History owes an apology to these people persecuted by Section 377 for the social ostracism caused by the section.”
Justice DY Chandrachud said that LGBT+ people “have equal rights,” adding that “this case is much more than just decriminalising a provision.
“It is about an aspiration to realise constitutional rights and the equal existence of the LGBT community as other citizens.
“To deny LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy.
“They cannot be pushed into obscurity by an oppressive colonial legislation,” he continued.
“Treatment of homosexuality as a disorder/ disease has a severe impact on the mental health of such persons. Decriminalisation is but the first step; the constitution envisages much more.”
The judge added that LGBT+ people had been the “victims of Victorian morality.”
Since July, the court has been hearing testimonies from celebrities and numerous petitions arguing for gay sex between consenting adults to be legalised.
Source : pinknews.com
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