Gay Sex No Longer A Crime In India

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Gay Sex No Longer A Crime In India

The rainbow is shining bright with the LGBT community celebrating across India. In a historic judgment, the Supreme Court today scrapped Section 377 of the Indian Penal Code and decriminalized the 158-year-old colonial law which criminalises consensual sex between two adults of the same gender.

This morning, a 5-judge constitution bench headed by Chief Justice Dipak Misra had reserved its verdict on July 17 after a four-day hearing of gay rights activists. “Section 377 is arbitrary, irrational and untenable,” said the bench.

“Discrimination on the basis of sexual orientation is a violation of freedom of speech and expression. The homosexual community has same rights as everyone else. The constitution is a dynamic document, having the primary objective of establishing a dynamic and inclusive society,” the judgment read.

The Section 377 refers to ‘unnatural offences’ and punishes whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

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