“I Am Who I Am, Take Me As I Am”: SC Decriminalises Homosexuality

“History owes an apology to the LGBTQ community”: Five-judge SC bench partially strikes down Section 377.

Updated
India
6 min read
The Supreme Court decriminalised homosexuality in India on 6 September 2018.
i

In a landmark judgment, the five-judge bench of the Supreme Court unanimously, on 6 September, partially struck down the British-era law which criminalised consensual homosexual sex in India.

While reading his judgment on Section 377 of the IPC, Chief Justice of India Dipak Misra noted, “I am what I am. So take me as I am. No one can escape from their individuality”.

Snapshot
  • CJI Dipak Misra, Justices RF Nariman, DY Chandrachud and Indu Malhotra pronounced separate but concurrent judgements
  • Section 377 will still apply to sex with animals and non-consensual sexual acts
  • History owes an apology to LGBTQ community: Justice Indu Malhotra
  • Government should take initiatives to sensitise about LGBTQ rights: Justice Nariman

(The Quint is available on Telegram. For handpicked stories every day, subscribe to us on Telegram)

5:58 PM , 06 Sep

Subramanian Swamy: Homosexuality is a Genetic Disorder Like Having Six Fingers

BJP MP Subramanian Swamy has given his thoughts on the Supreme Court verdict decriminalising homosexuality, stating, “It is the American game. Soon there will be gay bars here where homosexuals can go. HIV will spread. So, after looking at the consequences I hope the next Govt will move a 7 judge bench to set aside this 5 judge bench order.”

Swamy adds:

It is basically a genetic disorder, like someone having six fingers. Medical research must be done to rectify it.
Subramanian Swamy, BJP MP, on homosexuality
5:14 PM , 06 Sep

International Court of Justice Welcomes SC Verdict

“This judgment will not only have an impact in India. Its influence should extend across the world. The ICJ hopes that it will provide an impetus for other countries, especially those of the Commonwealth of Nations, to revoke similar provisions that criminalize consensual sexual relations,” ICJ Asia Pacific Director Frederick Rawski stated.

Even a landmark decision by the Indian Supreme Court cannot alone end the discrimination against people based on their sexual orientation or gender identity. It is time for the Indian Parliament to conduct wide-ranging review of existing legal framework, repeal discriminatory laws, and address other gaps in the law that prevent LGBT persons from fully exercising their rights.
ICJ Statement
4:55 PM , 06 Sep

Humsafar Trust: We Waited 18 Years, but It Was Worth It, Azaadi Finally in India!

We waited 18 years for this but it was worth every minute to be finally free of Section 377. Azaadi finally in Azaad India!
Ashok Row Kavi, Founder Chairperson, The Humsafar Trust  

The Humsafar Trust is a community-based organization in Mumbai working in the area of health and human rights of sexual minorities, and one of the petitioners who moved the SC against Section 377.

18 years of hard work has finally paid off but this is just the beginning of a long journey for equal rights in society. There is so much more to do, so many dreams have to come true, but today I look forward to a good night’s sleep for I am no longer a criminal!
Vivek Raj Anand, CEO, The Humsafar Trust  
4:38 PM , 06 Sep

Celebrations Across India Welcoming the Supreme Court's Verdict on Section 377

From former Attorney General Mukul Rohatgi to activist Akkai Padmashali in Chennai, author Devdutt Pattnaik and actor Richa Chadha, we’re getting reactions welcoming the verdict from across the country.

It is an important decision. I’m happy as Court has realised the right of LGBTs, their pain and gave them proper space in the society. Most important thing about this decision is that they will be given equal rights like others.
Mukul Rohatgi, Former Attorney General

Published: 05 Sep 2018, 6:03 PM IST
Stay Updated

Subscribe To Our Daily Newsletter And Get News Delivered Straight To Your Inbox.

Join over 120,000 subscribers!