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A spring in everyone’s step and cheek-muscle-spasming grins. The Supreme Court’s verdict decriminalising homosexuality and queer sex has left everyone ecstatic. India is celebrating and so are we. The judgement was passed by a five-membered Constitutional bench led by Chief Justice of India Dipak Misra and comprised Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra. This verdict will go down in history as a massive step towards achieving the true essence of equality. With the Bench quoting the likes of Shakespeare, Nelson Mandela, Leonard Cohen, Martin Luther King Jr., to name only a few, the judgement was nothing short of being iconic. So, here are excerpts from the verdict that you can’t not know about.
I. “I am what I am. So take me as I am. No one can escape from their individuality.” (Chief Justice Dipak Misra)
II. “Majoritarian views and popular views cannot dictate constitutional rights. LGBT community possess human rights like all other sections of society. Equality is essence of constitution. 377 is arbitrary.” (Chief Justice Dipak Misra)
III. “History owes an apology to the members of this community and their families, for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries. The members of this community were compelled to live a life full of fear of reprisal and persecution.” (Justice Indu Malhotra)
IV. “We have to foster tolerance and peaceful coexistence, and we have to respect them for who they are and not ask them to be who they aren’t.” (Chief Justice Dipak Misra)
V. “We must recognize the concept of identity. The core is self determination. The view of majoritarianism is constitutionally untenable. Our Constitution is a dynamic document. Primary objective of constitution - inclusive society and dynamic society.” (Chief Justice Dipak Misra)
VI. “Mental Healthcare Act has been discussed and recognition has happened even by the Parliament that homosexuality is not a mental disorder.” (Justice R.F. Nariman)
VII. “Lethargy of law is manifest yet again. Charter of morality made homosexuals illegal. Civilization has been brutal. Law has imposed on LGBT community immorality. 377 exacts conformity on moral grounds.” (Justice D.Y. Chandrachud)
VIII. “Constitutional morality and not societal morality will decide the validity of Section 377. Section 377 is unconstitutional. LGBT community has the full set of rights under the Constitution.” (Justice D.Y. Chandrachud)
IX. “Denial of right to sexual orientation is akin to denial of right to privacy and the society cannot dictate sexual relationship between consenting adults as it was a private affair.” (Justice D.Y. Chandrachud)
X. “Section 377, to the extent that it criminalses sexual acts between consenting adults, whether homosexual or heterosexual, is unconstitutional.” (Justice D.Y. Chandrachud)
XI. “Section 377 is irrational, indefensible and manifestly arbitrary.” (Chief Justice Dipak Misra)
Click here to read the entire judgement passed by the Supreme Court of India.
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