Supreme Court taken positive dicision for Act 377
By Sandeep Nagyaan · 07 Sep 2018
SC decriminalises Section 377:- The September 7, 2018 will be a historical day in Indian homosexual & transgender people. In this day the five judges Constitution Bench of the Supreme Court give a very important decision on decriminalised homosexuality law. In a landmark judgement on Thursday, with a prayer to the LGBTQ community ( Lesbian, Gay, Bisexual, Transgender, Queer) to forgive history for subjecting them to “brutal” susppression.
Background:- Defanging a 158-year-old Victorian era law, the Supreme Court in a landmark judgment on Thursday, legalised consensual sexual relations among gay adults by partially striking down Section 377 – a movement event, perhaps the first step towards the gradual embrace of the LGBTQ community and hesitant acquiescence of alternative sexuality. In a unanimous 5-0 verdict, Chief Justice o India Deepak Mishra, led justice RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra in declaring that a two- judge bench’s decision in December 2013 in the in the Suresh Koushal case, which had recriminalised section 377, was arbitrary, fallacious and retrograde. In the Suresh case, the SC had reversed a Delhi high court verdict which had decriminalized gay sex among consenting adult by reading down the controversial Section 377.
Highlight of the judges:- CJI Mishra said targeting LGBTQ community member for their sexual preference violated their fundamental rights to equality, right to freedom of expression and right to choice coupled with right to dignity. Justice Indu Malhotra said “ History owes an apology to members of this community and their families, for the delay in providing redressal for the ignominy ostaracism.
What could be Next:- In our society many people of this community face a different thinking for yourself in case of right to equality. So after the SC decision we will need to change your own thinking and accepted them without any differentiation about LGBTQ.