September 6th, 2018 is a historic day for India. The Supreme Court pronounced the much-awaited verdict on the fate of Section 377 of the Indian Penal Code(IPC). Sex between adults of same sex, which has considered as a criminal offence has been decriminalised. Thus, striking down the Section 377 partially. The five judge Constitutional-bench was headed by Chief Justice of India Dipak Misra and comprised of Justices Indu Malhotra, Fali Nariman, A M Khanwilkar, D Y Chandrachud.
For years, gay sex among consenting adults of same sex was a punishable offence under section 377 and the sentence for this crime could also go up to 10 years. Thus, members of the Lesbian, Gay, Bisexual and Transgender (LGBT) community who always led life in fear came out for the first time to welcome the order by court. This change is being welcomed by everyone(not LGBT community alone). Thus, the rainbow flag of the LGBT community shines bright today (especially on social media).
Who made this happen? The Organisation – Labours of the Lawyers Collectives has led the legal fight in this regard for 20 years now. Petitions were also filed in this regard by dancer Navtej Johar, chef Ritu Dalmia, business executive Ayesha Kapur, journalist Sunil Mehra and hoteliers Aman Nath and Keshav Suri and group of students from IITs.
However, Section 377 can still be invoked in the following scenarios:
- If the individual indulges in non-consensual “carnal intercourse against the order of nature” – This means if he/she indulges in sex with animals or sex without consent with an individual of same sex, it will be a punishable offence
- It can also be invoked by a wife against her husband for indulging in non-consensual or forced analysis or oral sex with her
One of the first reactions was seen by Karan Johar
See Reactions of other Bollywood celebrities
Justice Has been Done!!!