Home India Apex Court To Review Section 377; Gay Community Hopeful

Apex Court To Review Section 377; Gay Community Hopeful

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Soon gay sex would be not be treated as criminal offence in India. Apex court said Monday to be re-examining the 2013 verdict of upholding the Section 377 of IPC.

On December 12, 2013, the Supreme Court verdict read, “individual autonomy and also individual orientation cannot be atrophied unless the restriction is regarded as reasonable to yield to the morality of the Constitution.”

The court added consent between two adults need to be primary pre-condition and if not, children would become prey.

The order came following a petition by Sangeet Natak Akademi awardee Bharatnatyam dancer Navtej Singh Johar, which mentioned the IPC Section 377 is violating fundamental rights under Article 21 of right to life.

The petition added that the Section 377 was unconstitutional for infringing Article 21.

In 1965 United States Supreme Court said privacy was a fundamental right under the US Constitution. Eight years later a landmark judgement came upholding abortion rights in the Roe vs Wade case.

Now, after about five decades India too trying to follow the same path. The gate to it has been opened and on Monday a bench headed by Chief Justice of India Dipak Misra admitted to re-examine whether criminalizing of homosexual sex is a violation of privacy.

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