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In a historic judgement, the Delhi High Court on Thursday decriminalized homosexuality by reading down section 377 of the Indian Penal Code. The Section 377 of the IPC as far as it criminalizes gay sex among consenting adults is violation of fundamental rights, said the high court. However, Section 377 of the Indian Penal Code which criminalizes homosexuality, will continue for non-consensual and non-vaginal sex. Any kind of discrimination is anti-thesis of right to equality, said the court, while allowing plea of gay rights activists for decriminalization of homosexuality.
Soon after the judgement, the supporters of the LGBT rejoiced the moment of victory and called it as the “first step to a better future”. “Great moment for us, we are hoping that the court will pass an order in our favor, we have kept our finger-across,” she further added. It is amazing to see, how we have won the battle, said Shivangi Rai, counsel for the NAZ Foundation.
A bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law. The court said that this judgement will hold till Parliament chooses to amend the law.
