NEWS
06/09/2018 12:43 PM IST | Updated 06/09/2018 12:48 PM IST

Section 377 Verdict: Highlights Show How Supreme Court Snubbed All Bigots

The court said 'our Constitution allows dissent'.

NEW DELHI, INDIA - NOVEMBER 12: LGBT members and supporters, many wearing colorful costumes and holding balloons, participate in the Delhi's 10th Queer Pride March from Barakhamba Road to Jantar Mantar.
Hindustan Times via Getty Images
NEW DELHI, INDIA - NOVEMBER 12: LGBT members and supporters, many wearing colorful costumes and holding balloons, participate in the Delhi's 10th Queer Pride March from Barakhamba Road to Jantar Mantar.

The Supreme Court of India today recognised the arbitrary nature of several of the provisions included in the Section 377 of the Indian Penal Code and sought to rectify them. A five-judge constitutional bench headed by Chief Justice of India Dipak Misra heard the case over two weeks in July and finally delivered a judgment today. There were four separate judgments but most of them concurred on the problematic nature of the section.

While reading out the verdict today, the CJI made some important points about privacy, majoritarianism and freedom of speech and expression. At a time the country is witnessing a surge of far-right religious sentiments and majoritarian oppression against minorities and Dalits, the court's comments should be also read in the context of other social evils plaguing the country.

Justice Indu Malhotra said, "History owes an apology to these people and their families. Homosexuality is part of human sexuality. They have the right of dignity and free of discrimination. Consensual sexual acts of adults are allowed for LGBT community."

Here are some of the most powerful things the court said today while delivering the verdict.

ON MAJORITARIANISM:

ON MORALITY:

DISSENT