Historic Verdict: India Supreme Court Decriminalizes Gay Sex, Strikes Down Section 377 in Landmark LGBTQ Rights Win

In a groundbreaking decision, the Supreme Court of India on Thursday (September 6, 2018) decriminalized homosexuality by partially striking down the colonial-era Section 377 of the Indian Penal Code, marking a monumental victory for LGBTQ+ rights and personal freedom in the country.

A five-judge Constitution bench led by Chief Justice Dipak Misra unanimously ruled that consensual sexual relations between adults of the same sex are no longer a crime. Reading out the verdict, CJI Misra declared that the LGBTQ community possesses the same fundamental rights as any other citizen, emphasizing that “denying them the right to sexual orientation is a denial of the right to life and personal liberty.”

Key quotes from the judgment:

“Sexual orientation is natural and people have no control over it.”

“Denial of self-expression is akin to denying the right to live with dignity.”

“Individual autonomy and liberty, equality for all, including LGBT individuals, must be respected.”

The court overturned its own 2013 decision that had restored Section 377, which criminalized “carnal intercourse against the order of nature” with punishment up to life imprisonment. The bench clarified that the provision will continue to apply in cases of non-consensual acts, bestiality, and sexual assault on minors, but consensual same-sex relations between adults are now fully legal.

The historic case was spearheaded by prominent petitioners including dancer Navtej Singh Johar, chef Ritu Dalmia, hotelier Aman Nath, journalist Sunil Mehra, and business executive Ayesha Kapur, whose courage gave a human face to the long legal battle originally initiated by the Naz Foundation in the early 2000s.

Celebrations erupted across India as LGBTQ+ activists, supporters, and celebrities hailed the verdict as the beginning of a new era of equality, dignity, and acceptance.

The top court had also said, “no one should have to live in fear because of their sexuality.” The five petitioners had argued that Section 377 violates rights principles enshrined in the constitution, like equality before law, no discrimination based on religion, race, caste, sex or place of birth and freedom of speech and expression.