The Supreme Court on Thursday struck down the controversial Section 377 and has hence decriminalized homosexuality
Earlier on July 17, the constitutional bench of the apex court headed by the Chief Justice of India Dipak Misra reserved its judgment on the matter and held that it will examine whether it is permissible under Constitutional morality to criminalize sexual acts performed by consenting adults.
In 2009, the Delhi High Court had quashed down the provision but the Supreme Court in 2013, brought back the controversial section. The judgment was given by a divisional bench of Justice G S Singhvi and S J Mukhopadhya.
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Justice Rohinton Nariman taking note of Justice Chandrachud’s observations during the July 17 hearing had said that prohibitions have never resolves any social issue.
Justice Nariman said, “If you license prostitution, you control it. If you kick it under the carpet, owing to some Victorian-era morality, it will only lead to health concerns. All prohibition is wrong.”
Justice Nariman supporting the scrapping of section 377 of IPC because it violates the LBTQ+ community’s rights mentioned in Article 21 of the constitution, said that the whole objective of the Fundamental Rights is to empower the court to strike down laws like Section 377.
During the previous hearing, an intervener had said that the SC does not have authority for scrapping down of Section 377 would require a referendum and public opinion for the same.
Replying to the argument Chief Justice of India Dipak Misra said, “We don’t settle constitutional issues by referendum. We don’t follow majoritarian morality, but follow constitutional morality.”
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