The supreme court judgement, a Constitution bench, has finally erased the British-era Section 377 of the Indian Penal Code (IPC). It deemed that gay sex is a punishable offence. But with the new decision made today, engaging in consensual gay sex in private is no longer an offence under Section 377 .
Thursday’s judgement raises a new dawn for personal liberty . It is major victory for the LGBTQ (lesbian, gay, bisexual, transgender) community.. They have undergone a long journey of hard fight and persistence to legalise gay sex. The supreme court said that interpretation of the law must be done with the changing times.Furthermore the Supreme court adds the statement that the consensual sex between adults in a private space, which doesnot cause harm to women or children, cannot be denied as it is a matter of individual choice
Supreme Court historic judgement- Section 377
Finally the new decision gives the right to privacy to the LGBT community. Ashok Row Kavi, LGBT rights activist and founder of Humsafar Trust expresses freedom with this right justice. Justice Chandrachud mentions how Section 377 has far destroyed gay peoples’ identity. Above all, the punishment under Section 377 made the LGBT a closeted community. It destroyed the identity of members and reached their dignity, all part of right to life. The state has no business to get into controlling the private lives of LGBT community members.
With this new move, a step to equal rights has been made.