To disagree with the people for their human rights is like a face up to their existence and very humanity. Supreme Court, on Thursday, gave Indian activists and the LGBTQ community the moments of freedom and celebration after axing down section 377, a 158 year old law, developed by The Archaic British law, which states to punish anyone with an imprisonment of 10 years or more who conduct acts of affection including coitus of their own accord with the similar gender called Homosexuality.
This law was recapitulated in 2009 when Delhi High Court stated to criminalize anyone indulging in Homosexual activities under section 377 noting the act to be a violation against civil liberties. Following that in 2013, the law stated by the Delhi High Court was buttressed by the Supreme Court after few groups of various religions and communities had reasoned and demanded for a rationale over 2009 verdict.
The five judge constitution bench including Chief Justice Dipak Misra, Justice Rohinton Fali Nariman, Justice A.M Khanwilkar, Ce D.Y Chandrachud and Justice Hindu Malhotra had aloof the decree on July 17 on the conclusion of arguments. Also the aloof presupposes the significance as in the earlier round of litigation in 2013 where the Supreme Court had aloof the Delhi high court ruling decriminalizing homosexuality or say as the same sex relationship.
The attitude and drift for hearing the matter on July 17 – the day the verdict was reserved – saw the court passing the judgement that it was duly leap to strike down a law that is in inconsistency with the fundamental rights and not to leave it to best part in government to take it in hand.
In January this year, after seeing a large group of individuals criticize and oppose the past verdicts and laws and after India being depicted as a place of limited humans rights, SC had declared to evaluate Section 377 profoundly with the help of extended number of judges.
Indian activists and LGBTQ community, remained expectant about the laws to protect their rights. As of now, the law has legalized Homosexuality and this has brought smile on many faces. Nevertheless, many groups continue to reiterate their rights to be in a positive stand completely by stating that the right should not only be legalized but also be included as a whole. The persons from LGBTQ community now seek respect from the society for the fact that they are homo and that by just making laws wouldn’t help much.
Indifferent by the acquiescence, Justice Nariman had supposed that there would be ‘no cascading effect’ as all such orientation in other states will get scrub out, and Justice Chandrachud rejecting the disputation had said that the cause of the sexually transmitted disease was not sexual intercourse but unprotected sex.