LGBT community – It is a new dawn for India as the Supreme Court has decriminalized gay sex by perpetuating Delhi High Court’s judgment that sent ripples of joy among the minority.
This move is redolent of a progressive India but under section 377 of IPC consensual sex between two adults, was arbitrary, irrational and liable to be partially struck down. The section lately held any form of ‘unnatural’ sex such as oral or anal as a criminal offence which was dreaded by the minority LGBT community for long.
They are now sighing contently that the Supreme Court deemed gay sex among consenting adults no longer a crime.
On the ethical compass, the entire nation has welcomed the move because the gay couples will now be able to marry, have children or start a family. Of course, this is a welcome whiff of change for Indian constitution also but the law will still stand on the statute book to deal with unnatural sexual offences which are understood as sodomy or bestiality that are executed against minors and animals.
This landmark move came from a five justice board led by CJI Dipak Mishra that diluted section 377 of the Indian Penal Code thereby excluding all kinds of adult consensual sexual behavior.
According to Chief Justice of India Dipak Mishra, ” “The ideals of individual autonomy must be preserved. We have to bid adieu to stereotypes and prejudices. Constitutional morality must guide us all,” The fact that LGBT community possesses the same right as us appears to have been the trigger for the judgement. The apex court is of the opinion that the social stigma and prejudices will affect the certain area of the society adversely.
The bench consisted of names like R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra who termed 377 as violative to right to equality. It was an epoch-making walk towards freedom by the Indian LGBT community.
Justice Dipak Mishra further added that ‘ Social morality can’t be used to violate the fundamental rights of even a single individual..Constitutional morality can’t be martyred at the altar of social morality” The Gay sex rights muscled its way to success as SC acknowledge and rendered them free to star a family on their will.
There have been four separate concurring verdicts where the five judges of the top court kept aside its own verdict in the Suresh Kaushal vs Naz Foundation case where Gay sex was criminalized.
The LGBT community is over the moon amid the verdict for more ways than one because lately the 377 was used to discriminate the entire community as a weapon and now that the weapon has lost its potency, they will enjoy the same rights as any other individual.
It was observed by Justice Mishra that the LGBT community lied low feeling the stigma ‘because the criminality attached’ and now the gay couples can engage in consensual sexual acts. However, the judges made it clear that no one is entitled to impose their sexual orientation upon others and consent is the key.