SC has written the history Homosexual is no more a criminal act.
SC has written the history Homosexual is no more a criminal act.
After decades Supreme Court has turned the history and declared that now homosexuality in India is no more a criminal act. Read the full article about what SC has written the history Homosexual is no more a criminal act.
SC has written the history Homosexual is no more a criminal act.
Section: 377 decriminalized, Sc delivers the historic verdict:
On this Thursday date, 6.september.2017 restored a landmark Delhi High Court judgment which had decriminalized homosexuality in a move that was immediately hailed by the minority LGBT community.
Bench People:
- A five-judge bench led by CJI Dipak Misra diluted Section 377 of the Indian Penal Code, to exclude all kinds of adults consensual sexual behavior.
- The law will still stand on the statute book to deal with unnatural sexual offenses against minors and animals such as sodomy(anal or oral sex) or bestiality(savagely cruel)
- The section not only made any kind of homosexual behavior but also other kinds of "unnatural sex" a criminal offense.
Section 377 says:
Section 377, IPC, to the extent that it criminalizes consensual sex between two adults is arbitrary, irrational and hence liable to be partially struck down. This judgment of decriminalization was unanimous.
The bench, however, stopped short of striking down the law. Instead, the bench spoke up for the LGBT community's right to enjoy equal rights under the constitution.
Why this happened?
No one can be discriminated against only on the basis of their sexual orientation or called a criminal. Those against diluting Section 377 urged the court to retain the law on the statute book citing morality, religion and cultural ethos of India.
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