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Consensual gay sex not a crime, Sec 377 violates right to equality: SC

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Press Trust of India New Delhi
Last Updated : Sep 06 2018 | 4:25 PM IST

Gay sex among consenting adults is not a criminal offence, the Supreme Court unanimously ruled Thursday, holding that part of a 158-year-old colonial law that criminalised it, violated the constitutional right to equality and dignity.

The top court decriminalised part of the Section 377 of the Indian Penal Code that criminalises consensual gay sex, saying it was irrational, indefensible and manifestly arbitrary.

A five-judge constitution bench headed by Chief Justice Dipak Misra unanimously
Delivering a 493-page judgement, the court said "morality cannot be martyred at the altar of social morality and only constitutional morality can allowed under the rule of law", while also holding that section 377 was used as a weapon to harass the members of the LGBTQ community, resulting in discrimination,
Observing that the Constitution nurtured dissent as a "safety valve" of the society, he said "we cannot change the history but can pave a way for better future."

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First Published: Sep 06 2018 | 4:25 PM IST

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