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Section 377: When SC quoted philosophers, writers in historic judgement on gay sex; Take a look

This was one of the several quotable quotes in the historic Supreme Court judgement which Thursday ruled that consensual gay sex is not a crime.  

Reported by: PTI, New Delhi [ Published on: September 06, 2018 22:26 IST ]

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Let us move from darkness to light, from bigotry to tolerance and from the winter of mere survival to the spring of life as the herald of a New India to a more inclusive society.
 
This was one of the several quotable quotes in the historic Supreme Court judgement which Thursday ruled that consensual gay sex is not a crime.
 
The lines were penned by Chief Justice Dipak Misra and Justice A M Khanwilkar, who wrote the main 166-page judgement, observing that "denial of self-expression is inviting death".
 
Thinkers, philosophers, writers, poets from ancient history to contemporary times were mentioned in the landmark verdict on decriminalisation of consensual sex between two consenting adults.
 
CJI Misra and Justice Khanwilkar referred to German thinker, Johann Wolfgang von Goethe, philosophers Arthur Schopenhauer, John Stuart Mill and writer and playwright William Shakespeare in their judgement to deal with the issue of individuality and freedom of expression.  
 
"To change the societal bias and root out the weed, it is the foremost duty of each one of us to stand up and speak up against the slightest form of discrimination against transgenders that we come across. 
 
"Let us move from darkness to light, from bigotry to tolerance and from the winter of mere survival to the spring of life ― as the herald of a New India ― to a more inclusive society", the CJI and Justice Khanwilkar wrote.
 
Justice R F Nariman, who wrote a separate concurring verdict, referred to Irish poet Oscar Wilde and said his trial paved the way to consider the law and practice relating to homosexual offences in Victorian era England.
 
While reading out the judgment, Justice D Y Chandrachud quoted the lyrics of 'Ashes Of The Gay' by Leonard Cohen and mentioned Vikram Seth's poem "Through Love's Great Power", which was written after the apex court had refused to review its decision which had criminalised gay sex in 2013.

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