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Homosexuality is not a crime: What Supreme Court said in its Section 377 verdict

A five-judge Constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.

Edited by: India TV News Desk, New Delhi [ Updated: September 06, 2018 12:45 IST ]
Image Source : ANI

Supreme Court declares Section 377 of the IPC as illegal. (Photo/ANI)

Homosexuality is not a crime, ruled the Supreme Court on Thursday striking down the 158-year-old colonial law under Section 377 of the Indian Penal Code (IPC) which criminalises consensual unnatural sex.

A five-judge Constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.

Here's what all the Supreme Court said in its verdict: 

# The LGBT Community has same rights as of any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible.

# Section 377 of IPC was weapon to harass members of LGBT community, resulting in discrimination. 

# Sexual orientation is a biological phenomenon. Any discrimination on this grounds is violative of fundamental rights.

# Courts must protect dignity of an individual as right to live with dignity is recognised as fundamental right.

# While reading out the verdict CJI Dipak Misra, speaking for himself and Justice A M Khanwilkar, said denial of self expression is akin to inviting death.

# The LGBT community possesses same human and fundamental rights as other citizens.

# History owes apology to LGBT Community for denying them right and compelling them to live life of fear: Justice Indu Malhotra. 

# Due to Sec 377 LGBT members forced to live in hiding and as 2nd class citizens while others enjoy right of sexual orientation.

# Constitution nurtures dissent as safety valve of society, we can't change history but can pass way for better future.

# Members of LGBT Community have Constitutional rights like that of other citizens, says Justice Chandrachud.

# Govt, media must give wider publicity to SC judgment so that LGBT Community doesn't face discrimination: Justice Nariman.   

The Supreme Court bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, struck down Section 377 as being violative of right to equality.

The apex court said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.

WATCH: Supreme Court's historic verdict - Homosexuality is not a crime

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