The issue of Section was first raised by an NGO, Naaz Foundation, which in approached the Delhi high court that then decriminalised sex between consenting adults of the same gender by holding the penal provision "illegal". Justice Chandrachud said Section had thus far destroyed gay peoples' identity. SC decriminalises Section That opened the door for fresh pleas to decriminalise gay sex, the argument being that it as a private act. What society thinks, the judges said, has no say when it comes to people's freedoms. This judgment of the high court was overturned in by the SC which restored the criminality of consensual gay sex. The SC was firm that no community, however small it may be by comparison to the majority, could be deprived of its sexual rights and expression of sexual orientation. Sep 6, ,
Prior to reserving the verdict, the bench had, in what was yet another indication of which way it could go, also disapproved of arguments that a majority of the population in India is against legalising gay sex. While the top court acknowledged that sex as per the order of nature was seen as intercourse between a man and a woman for the purpose of procreation, the fact that it had already recognised a third gender needs to be kept in mind. The top court's verdict was previously set to be delivered on July 17, but on that day, it decided to reserve its verdict. Justice Chandrachud said Section had thus far destroyed gay peoples' identity. But even while their petitions were pending, a nine-judge bench of the SC ruled in August that every individual has a fundamental right to privacy, which is a part of the right to life. The SC ruled in August that every individual has a fundamental right to privacy, which is a part of the right to life, and sex is private. But the SC has already recognised unique sexual orientation when it created 'third gender' apart from 'male' and 'female' conventionally used till date," it had said. Sep 6, , All through the hearing of the plea, the apex court had been dropping broad hints that indicated relief from the stringent Section SC decriminalises Section These opponents said making gay sex legal could lead to incest, group sex and sodomy also being made legal. The judges on Thursday referred to that as well. The state has no business to get into controlling the private lives of LGBT community members or for that matter that if any citizen," he said. It is for us to strike it down the moment something violates fundamental rights," said back in July. So pleased to learn that the SupremeCourt has ruled against criminalising sexual acts in private. Two years ago, a petition was filed by dancer N S Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur who said that Section violated their right to privacy and personal liberty. A timeline of the case Thursday's judgment heralds a new dawn for personal liberty and is a major victory for the LGBTQ lesbian, gay, bisexual, transgender community that has been fighting hard and persistently to legalise gay sex. Gay sex is no longer a crime in India; what is Section ? Congress leader Shashi Tharoor, who's long been a supporter of gay rights, said his stand is now vindicated. Related Videos Section That's not the case any more. Now, it is no longer an offence under Section to engage in consensual gay sex in private. The judgment, by a Constitution bench of the country's top court, has defanged the British-era Section of the Indian Penal Code IPC , which deemed that gay sex is a punishable offence. Gay sex legal in Section results in discrimination and is violative of constitutional principles," said the SC.
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