Twitterati lauds Supreme Court's decision to legalise gay sex

Twitterati lauds Supreme Court's decision to legalise gay sex

Twitterati lauds Supreme Court's decision to legalise gay sex

Chief Justice Dipak Misra had made it clear right at the beginning that the top court would restrict itself to the legality of section 377 that penalised gay sex with a prison term. Social morality can not be used to violate the fundamental rights of even a single individual.

"Constitutional morality cannot be martyred at the altar of social morality and it is only constitutional morality that can be allowed to permeate into the Rule of Law. The law must take affirmative steps to achieve equal protection of law to all its citizens, irrespective of sexual orientation", said Justice Chandrachud in his separate and concurring judgment on the issue. "What happens in our bedroom is left to us".

Observing that the Constitution nurtured dissent as a "safety valve" of society, he said "we cannot change the history but can pave a way for better future".

In her judgment, Justice Malhotra said, "It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14,15, 19, and 21 of the Constitution".

LGBT community members and supporters cheer the ruling in Mumbai, as the chief justice characterized the colonial-era law as a tool to harass gay and lesbian Indians.

Arvind Datar, the attorney for the petitioners, argued in the court that the provision was unconstitutional because it provides for the prosecution and sentencing of consenting adults.

Gay sex is considered taboo by many in socially conservative India, as well as in neighboring Bangladesh, Sri Lanka and Pakistan. Transgender people known as "hijras" have been a common sight in India for centuries. But their treatment - both shunned as impure, and embraced for the belief that they can bring powerful blessings - reflects the complexities of gay life here.

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On its official Twitter handle, the Congress said, "We join the people of India & the LGBTQIA+ community in their victory over prejudice".

"The UN in India sincerely hopes that the court's ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons".

In a landmark verdict, the Supreme Court today put an end to Section 377 that criminalises homosexuality in India. Still, being gay is seen as shameful in much of the country.

He also said that homosexuality can not be regarded as a mental disorder and gays have the right to live with dignity.

"This will obviously open the doors for a lot of more things, more civil rights". This is the first battle that has been won and there are many more battles that we are going to fight and we'll win that as well.

"We hope and will make sure that other countries will follow suit in overturning this remnant from colonial law", said Mani Aq of the Pakistani branch of the Naz Foundation.

Activists and well-wishers outside jumped for joy while waving gay pride flags and placards reading "Love Wins" and "LGBT rights are human rights".

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