The Supreme Court has said on Thursday that historically, homosexuality is not a crime. The court has excluded sexual relations between the two adults from the category of crime described under section 377 of the Indian Penal Code. This decision of the court has led to a wave of happiness in LGBT i.e. hair wash, gay, bisexual and transgender society of the whole country. Waving the iridescence flag at different places, people of different sexual situations are celebrating happiness. Some activists also have to say that history should apologize to the society for this mistake.
The five-judge bench led by Chief Justice of India Deepak Mishra, while deciding the plea of Navtej Singh Johar, Sunil Mehra, Amanath, Ritu Dalmia and Ayesha Kapoor, said that under section 377 of the Indian Penal Code, two adults of the same sex Explaining the sexual relationships being made to be a crime, the ten-year sentence provision is illegal. The court referred this section as arbitrary section and said that it can not be imposed on any minority part of society. The court, while announcing this ruling, citing Article 21 and 14 in the Constitution regarding the rights of personal liberty, living rights and equality, said that people have to change their thinking and that gay people have the right to live with equality.
✔@ANIAll the lawyers & judges who have worked on this are the people to be interviewed and thanked. I am a nobody but they are the people to be thanked. It is massive time to celebrate: Keshav Suri, Executive Director of Lalit Group of hotels & petitioner in #Section377 case.
Justice Deepak Mishra and Justice AM Khanwilkar said that no one can escape his personality. On the basis of sexual orientation, it is a constitutional right to punish or ban anyone. Society will have to be free from prejudices and will have to grant diversity. Freedom of personal selection is related to Article 21 regarding the right to life and we can not snatch it. Therefore rainbow should be searched in every cloud. Indeed, the color of the flag of the LGBT community is iridescent.
Justice D.V. Chandrachud said that imposing section 377 on a person is a kind of tragedy. If society deprives LGBT from its sexual inclination, it deprives it of the right to privacy. They said that we should not fall prey to colonial laws. Citizenship should be the same for everyone. This law was included in the 1860 Indian Penal Code created by Lord Macaulay on which the impact of the Victorian era can be seen clearly. The society took 158 years to remove this law.
Once this law was enacted in 2009, the Delhi High Court declared the Naz Foundation, an organization working for HIV and AIDS, but in 2013, the Supreme Court reversed the decision of the High Court.
Justice Rohitan Nariman said that the decision passed by Parliament is based on the Law Mental Healthcare Act. That law says homosexuality is not psychiatric. He said that the meaning of that law is that accept me as I am.
The main principles that emerged in this decision are as follows: –
1-Section 377 has been a weapon to harass the LGBT community. Therefore, it is discriminatory.
2-Section 377 is about to arbitrate. The right of the LGBT community is the same as the others. Therefore, the ethics of the majority should not be imposed on the Constitution.
3- No one can escape from individualism in this period.
4- Independence of the person is important.
5-homosexuality is not a psychiatric disease.