Section 377 partially struck down: Consensual same sex act in pvt not an offence
New Delhi, Sep 6: The Supreme Court has partially struck down Section 377 of the Indian Penal Code. In a unanimous verdict, with four different opinions a five judge Bench held that it is no longer an offence under Section 377 for LGBT community to engage in consensual sex in private.
The Bench held that consensual sex between adults in private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice.
Section 377 will not be applicable to same sex acts between homo-sexuals, hetero-sexuals and lesbians. Section 377 would however be applicable to bestiality and sexual acts without consent by one of them.
No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums- CJI Dipak Misra
Denial of self-expression is like death, CJI
Sustenance of identity is the pyramid of life: CJI
Section 377 is irrational, indefensible and manifestly arbitrary
CJI says section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community.
LGBT community possesses same equality as other citizens.
The Suresh Koushal judgment has been overturned.
Primary objective of having a Constitutional society is to transform the society progressively; Constitutional provisions should not be interpreted in literal sense.
The view taken in the Suresh Koushal judgment is impermissible.
Social morality cannot violate the rights of even one single individual says CJI
Right to privacy as part of right life applies fully to LGBT community: CJI
Bodily autonomy is individualistic. It is a matter of choice and is part of dignity. Section 377 is violative of Article 14 of the Constitution, says CJI.
The Suresh Koushal judgment of the Supreme Court in 2013 is retrograde and rules that intimacy in private matter is a matter of choice.