The Supreme Court’s milestone decision on scuffling Section 377 of the Indian Penal Code has sent an upsurge of happiness and joy all over the country. In a judgment, the Supreme Court raids down Section 377 that criminalizes homosexuality.
Supreme Court said that the right to love anyone was an individual choice. They further said that consensual sex between adults is not a crime.
The Constitution Bench hearing in the Section 377 case began on July 10, with Justice Chandrachud orally observing that a person’s choice of a partner is a fundamental right to life, and a ‘partner’ includes the same-sex partner. The judgment comes on a batch of petitions, including the lead one filed by hotelier Keshav Suri, arguing that the right to sexual orientation is meaningless without the right to choose a partner. Section 377 criminalizes a section of people for being a sexual minority.
However, the government’s impartiality came with a rider that the court should clarify that the freedom to choose a partner does not extend to perversions like incest.
We are happy that the Supreme Court has quashed Article 377 for the rights of LGBT communities.