In what can be termed as a landmark judgment homosexuality is no longer a crime in India. 5 Supreme Court judges have scrapped Section 377. "Societal morality cannot trump constitutional morality. Societal morality cannot overturn the fundamental rights of even a single person. Sexual orientation is biological, innate. She or he has no control over who they get attracted to. Any repression will be a violation of free expression," the Chief Justice of India's verdict states. Bollywood took to Twitter to laud the judgment. Here’s what Arjun Kapoor, Karan Johar, Abhishek Bachhan, Vicky Kaushal, Richa Chadha and Taapsee Pannu among others have to say.
My India of 2018!!!! Truly heartening ! Let’s embrace one n all and their choices 🤗💖 https://t.co/HHewyx4SAE— taapsee pannu (@taapsee) September 6, 2018
🌈— Abhishek Bachchan (@juniorbachchan) 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.— Arjun Kapoor (@arjunk26) September 6, 2018
Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back! 👍👍👍💪💪💪🙏🙏🙏 pic.twitter.com/ZOXwKmKDp5— Karan Johar (@karanjohar) September 6, 2018
This is the india I want to live in. Not one filled with hate, bigotry,sexism homophobia and intolerance. THIS is the India I love. 🇮🇳 🌈— Sonam K Ahuja (@sonamakapoor) September 6, 2018
RIP #Section377— Ayushmann Khurrana (@ayushmannk) September 6, 2018
The new sunshine of this day is that of a progressive India. Love all!
“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 #lbgtrights #nodescrimination #मेराभारतमहान 🇮🇳 #Ting pic.twitter.com/3J5hGvU3Gr— Preity G Zinta (@realpreityzinta) 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
The issue of Section 377 finds its origin in NGO, Naaz Foundation and AIDS Bedhbhav Virodh Andolan, who raised their concerns in the Delhi High Court in 2001. Both petitions were dismissed by court.
8 years later, Delhi HC decriminalised sex between consenting adults of the same gender and held the penal provision “illegal”. However, in 2013, the Supreme Court overturned the judgment and also dismissed the review plea. Hope for the LGBT community was revived when, in 2014, the Supreme Court directed the government to declare transgender a ‘third gender’ and include them in OBC quota. On August 24, 2017, the SC upheld the Right to Privacy as a fundamental right under the Constitution. The court also called for equality and condemned discrimination. In January 2018, a three-member SC bench heard a petition filed by 5 people asking apex court to revisit the Naaz Foundation judgment. The case was referred to a higher bench.
What is Section 377?
The sections says that whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.