It was a historic day and a historic decision made by the Supreme court of India on September 6, 2018. For those who are not aware of Section 377. It is a section of the Indian Penal Code which considers gay sex as a punishable offense. But, not any longer because the Constitution bench of country’s top court has passed the judgement in favor of the LGBTQ community. In its judgement, the court specified that sexual orientation is natural and no one has control over it. Hence, consensual gay sex in private is not a punishable offense anymore.
The Supreme Court said that consensual sex in a private area and in between adults which is of no harm to women or children is permissible and a matter of personal choice of an individual.
The section 377 is about 150 year old law and the supreme-court said that with changing times, the law also needs to be amended. Section 377 had been introduced in the year 1861 by the British rulers in India. As per this act, whosoever has carnal intercourse against the order of nature with man, woman or animal will be punished with life imprisonment, or upto 10 years along with fine.
Well, as per the judges the ban is irrational, manifestly arbitrary and indefensible hence has been reversed after supreme-court had overruled it earlier in the year 2013 and just struck the section 377 partially.
After the judgement was passed the Chief Justice of India Dipak Misra said that it was time to bid adieu to the prejudices and empower our citizens. At the end he concluded saying “Take me as I am” raising a thumbs up to gay pride.
It is surely a judgement of its kind because it is the harbinger of right to freedom winning out over all odds. The LGBTQ community has been fighting this battle for long time. There also have many cases where the law is twisted and used to scare out the LGBT couples. Its finally a sigh of relief for the community to live with dignity and without fear.
*Sourced from the internet