New Delhi, July 13: The Supreme Court has hinted that it would de-criminalise Section 377 of the Indian Penal Code during a marathon hearing. The matter is being heard by a five judge Bench headed by Chief Justice of India, Dipak Misra.
Justice Indu Malhotra, the lone woman judge on the Bench during the hearing expressed her views on the matter and said that homosexuality is only a variation and not an aberration.
Justice Malhotra went on to add that the prejudice and stigma piled on the LGBTQ community has denied even basic medical care in the country. The pressure on homosexual people from within the home is such that they succumb to marry the opposite sex, leading to a life of mental trauma and bi-sexuality.
Homosexuality is not against the order of nature, but nature itself. Hundreds of animal species show the same sexual orientation, she also went on to add.
The Bench on Thursday said once the criminality of consensual gay sex goes away, then related issues like social stigma and discrimination against the LGBTQ community will also go.
Observing that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community, a five-judge constitution bench, hearing petitions seeking decriminalisation of 158-year-old colonial law under Section 377 of the IPC, said discrimination against such people has also adversely impacted their mental health.