Supreme Court rules it's not a crime to be a homosexual in India anymore

Supreme Court rules it's not a crime to be a homosexual in India anymore on Business Standard. CJI Misra quoted Schopenhauer, JS Mill and others on the freedom and liberty of an individual

Latest News A five-judge Supreme Court Constitution bench on Thursday unanimously decriminalised consensual gay sex. The apex court termed part of IPC's Section 377, which criminalises consensual unnatural sex, irrational, indefensible and manifestly arbitrary. The court also partly struck down Section 377 as violative of the right to equality. "Any kind of sexual activity with animals shall remain penal offence under Section 377 Verdict of the IPC," it said while adding that Section 377 of IPC was a weapon to harass members of LGBT community, resulting in discrimination. The Supreme Court further added that the section is arbitrary and 'untenable'. The apex court said that discrimination on the basis of sexual orientation is a violation of freedom of speech and expression. It said that the homosexual community has the same rights as everyone else. "The constitution is a dynamic document, having the primary objective of establishing a dynamic and inclusive society," the judgment of CJI Misra and J Khanwilkar. All the 5 judges on the constitution bench, led by the

Chief Justice of India, concurred on the matter. CJI Misra quoted Schopenhauer, JS Mill and others on the freedom and liberty of an individual. He said, "We have to vanquish prejudice, embrace inclusion, and ensure equal rights", according to LiveLaw. TV reports quoted him as saying LGBT community has equal rights, and that Section 377 is irrational.