“Majoritarian views and popular morality cannot dictate constitutional rights:” This was what the Supreme Court said earlier today while striking down Section 377 and decriminalizing sex between consenting adults of the same gender.
A five-judge bench headed by the CJI Dipak Mishra and comprising Justices Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra issued separate but concurring judgements today after hearing the various stakeholder on July 17.
“An individual has full liberty over his or her body and his or her sexual orientation is a matter of one’s choice,” said Chief Justice Mishra. “Time to bid adieu to prejudicial perceptions deeply ingrained in social mindset. Time to empower LGBTIQ community against discrimination. They should be allowed to make their choices,” he added.
During the hearing, the Modi government clarified that it won’t be opposing the petitions challenging Section 377. Meanwhile, the government through its Solicitor General Tushar Mehta requested the Supreme Court to refrain from ruling in matters pertaining to marriage between people of the same sex.
Even though the Delhi High Court has decriminalised gay sex in 2009, the Supreme Court overturned this order in December 2013.
However, celebrities have welcomed the decision with open hands.
https://twitter.com/aamir_khan/status/1037616051025076224
https://twitter.com/karanjohar/status/1037587979265564672
Justice for all, freedom for all, freedom to choose, freedom to be…. this is the my country , this is our country.. this is India ….
It’s a historical moment…
🌈 #Section377— Riteish Deshmukh (@Riteishd) September 6, 2018
💪🏻🌈🌈🌈🌈LOVE FOR ALL 🌈🌈🌈🌈 💪🏻#Section377 #377Verdict
— Ranveer Singh (@RanveerOfficial) September 6, 2018
RIP #Section377
The new sunshine of this day is that of a progressive India. Love all!— Ayushmann Khurrana (@ayushmannk) September 6, 2018
Sanity prevails for once we can believe we have some sensible decision makers and lawmaker s available to this generation. #Section377 gone with the wind.
— arjunk26 (@arjunk26) September 6, 2018
A huge step forward today for love and the right to love. ❤🧡💛💚💜💖🌈#Section377 #377Verdict
— Anushka Sharma (@AnushkaSharma) September 6, 2018
Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt pic.twitter.com/grA64TTB3w
— Swara Bhasker (@ReallySwara) September 6, 2018
RIP #Section377. Happy birthday 2018 !! Equal love. Equal lives. Proud Indian today. ♥️🌈🇮🇳
— Nimrat Kaur (@NimratOfficial) September 6, 2018
“If you have a heart you should be free to love who you want.” 😍❤️😍So Happy to hear that the Supreme Court of India 🇮🇳 has abolished #section377 decriminalising Homosexuality 👍 #equality #lgbtrights #nodiscrimination #ting pic.twitter.com/47yEBdkul7
— Preity G Zinta (@realpreityzinta) September 6, 2018
One love ❤️ #Section377
— Pia Bajpiee (@piabajpiee) September 6, 2018
And Love wins.. ❤🧡💛💚💙💜
This is historical
Proud proud proud
Supreme Court 👏🏻👏🏻#Section377 🏳🌈— Kartik Aaryan (@TheAaryanKartik) September 6, 2018
Image Courtesy: LiveLaw
