New Delhi, Sep 6: The Supreme Court has struck down partially Section 377 of the Indian Penal Code. The Bench passed a unanimous order in which it observed the consensual same sex between two people in private is not an offence.
The five judge Bench passed a consensual order, but gave four different opinions. The Bench, Chief Justice of India Dipak Misra, Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.
Chief Justice, Dipak Misra:
No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums. Denial of self-expression is like death.
Sustenance of identity is the pyramid of life. Section 377 is irrational, indefensible and manifestly arbitrary. Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community.
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LGBT community possesses same equality as other citizens. Primary objective of having a Constitutional society is to transform the society progressively; Constitutional provisions should not be interpreted in literal sense. Social morality cannot violate the rights of even one single individual.