Breaking | Section 377 IPC: History owes an apology to LGBTQ persons for the ignominy and ostracism they have sufferred: Indu Malhotra, J.

Supreme Court: The Constitution Bench comprising of CJ Dipak Misra and R.F. Nariman, A.M. Khanwilkar, Dr D.Y. Chandrachud and Indu Malhotra, JJ., have by pronouncing 4 concurring opinions (Khanwilkar, J. concurred with CJ Misra) declared Section 377 IPC partially unconstitutional by striking down Suresh Kumar Koushal v. Naz Foundation (2014) 1 SCC 1 and decriminalising consensual sex between consenting adults from LGBTQ community. However, bestiality will continue as an offence.

CJ Dipak Misra: “Leading a life without pretense. Freedom will be fulfilled where LGBT community possesses equal rights.”

Section 377 so far as it criminalises same-sex or heterosexual relationships is violative of Article 14. Since it penalizes even consensual sex, Section 377 IPC is partially struck down.

Dr D.Y. Chandrachud J.: It is difficult to right a wrong by history. But we can set the course for the future. This case involves much more than decriminalizing homosexuality. It is about people wanting to live with dignity. Hence, it is just the first step.

R.F. Nariman, J. : Homosexuals are entitled to live with dignity. Section 377 insofar as it criminalises same-sex intercourse is struck down.

Indu Malhotra, J.: History owes an apology to these people and their families. Homosexuality is part of human sexuality. They have the right to dignity and be free of discrimination. Consensual sexual acts of adults are allowed for LGBT community.

Judgment is awaited, will be updating soon.


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