Section 377 verdict: Supreme Court to hear case tomorrow

Hannah Rogers
September 10, 2018

BBC revealed that the ruling was delivered by a five-judge bench headed by India's outgoing chief justice Dipak Misra.

The bench said the other aspects of Section 377 of the IPC dealing with unnatural sex with animals and children remain in force.

"Explanation. -Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section". It said the State can not persecute people and decide the boundaries between what is permissible or not, holding that Section 377 IPC was based on "deep-rooted stereotypes of the society" that was violative of fundamental rights to equality and life with dignity. Several social activists and human right activists have been fighting for human rights and were registered as respondents in the pending curative petitions before this Supreme Court have made a decision to take up the matter for the both before the Supreme Court as well as before the Parliament of India.

The ruling Bharatiya Janata Party had said it would support any decision by the Supreme Court but one prominent member of the party criticised the court ruling. Tears flowed and people hugged each other spontaneously, when the judgment flashed across their television and mobile phone screens.

Tears flowed and people hugged each other spontaneously, when the judgement flashed across their television.

The verdict comes are a huge relief and a historic moment of celebration not just for the LGBTQ community but for everyone who stands for an individual's right and dignity to be who they want to be. "I am proud to see modern India finally live up to the liberal values of our great ancestors in this regard". "The country gets its oxygen back!"

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Many cut cakes and unfurled rainbow flags, a symbol of gay pride, to welcome the verdict.

"It was a law that propagated homophobia", said Keshav Suri, one of the petitioners against Section 377, who organised a dance show at his family's luxury Delhi hotel to celebrate the court victory. "NALSA was reiterated by at least three of them-Justice Mishra, Justice Chandrachud and Justice Nariman", said Ranganathan. "It is not only about decriminalising but recognising our fundamental rights". It termed sexual orientation as a "biological phenomenon" and held that any discrimination on this ground was violative of fundamental rights.

"Now we can work further to protect the queer community and our children from being bullied", she said and added that the community has suffered enough from violence and fear of criminalization.

The Congress also put out a Twitter post welcoming the judgment.

"We have to bid adieu to prejudices and to empower all citizens", Chief Justice of India Dipak Misra said while reading the judgment, according to NDTV. Community members are once again hopeful as the Supreme Court begun new hearing of a cluster of petitions challenging Section 377 on July 10.

It was reinstated in 2013 after a legal challenge from an astrologer, Suresh Kumar Kaushal, who told Reuters on Thursday the latest verdict would erode traditional society.

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