The Centre, which had initially sought adjournment for filing its response to the petitions, had later left to the wisdom of the court the issue of legality of the penal provision on the aspects of criminalising consensual unnatural sex between two consenting adults.
In January 2018, the Supreme Court had said a larger group of judges would re-consider the previous judgment and examine Section 377’s constitutional validity. Revisiting their 2013 verdict, the top court had added that it will decide on a curative petition by five persons. The Supreme Court had then said: “The section of people who exercise their choice should never remain in a state of fear.”
“There is no LGBTQ organisation in Arunachal Pradesh. So today to celebrate, the few of us who know each have just got together. I want to take this opportunity to appeal to the public to support us,” says Marie Game, a transgender based in Itanagar. “In a Christian society like ours, the SC verdict means a lot. We do not have the opportunity to hold pride parades and such in public. Most of our meetings are undercover. But 377 verdict, I hope, will give people a sense of confidence,” says Keven Hanson, a LGBTQ activist from Nagaland.
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“Stigmatising homosexuals and transgenders is so common in Tripura that no LGBTQ community/collective has ever had the chance to grow in the state. I recall the abuses, body shaming, slander and insults when I grew up. The Supreme Court verdict is a reply to all of them,” says Shivani Acharjee, a transwoman from the state.
Hailing the Supreme Court judgment decriminalising consensual gay sex, Amnesty International India Thursday said the verdict gave hope to everyone fighting for justice and equality. The SC unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex, saying it violated the rights to equality. “The judgment closes the door on a dark chapter of Indian history. It marks a new era of equality for millions of people in India," said Asmita Basu, Programmes Director, Amnesty International India. "The remarkable victory today is a milestone in the three decade old struggle by the LGBTI community and their allies in India,” she added.
Like the Supreme Court we too do not consider this a crime. However, the same sex marriage and relationship are neither natural nor desirable which is why we do not support such relationships: RSS leader Arun Kumar told ANI.
United Nations India Thursday lauded the Supreme Court for striking down a 'key component' of IPC's Section 377 which criminalises 'specific sexual acts between adults' and said the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons.
“Finally it has happened. I feel very happy because that we have been fighting for this for so long. Manipur was the first state in the Northeast to have the Pride Parade. We organised it in 2013. The next year, we replaced it with Miss Trans Queen Contest North East. That we did every year till 2016,” says Santa Khurai, arguably Manipur’s most famous transgender activist, who is the founder of All Manipur Nupi Maanbi Association (AMANA), adding that “With the judgment will help despite impediments. It is like the queer community has a new beginning.”
“We are very happy that the mindset will finally change. But this is just the first stage of our victory. We also have to see how the government will treat the community after this. For example, Assam still has no Transgender Policy despite the Supreme Court ruling. As a result, most of the transgenders in Assam have been left out of the NRC. Our fight will continue.,” says Swati Bidhan Baruah, 27, well-known transgender activist and Conciliator in Lok Adalat, Assam.
“I am certain preachers will be preaching negatively about the judgment in church but despite that for the Christian state of Mizoram and for our community, it is a milestone,” says Goosh Vangchhia, 33, who is known to have come out as Mizoram’s first gay man in public. “Everyone should be equal. That’s what the Bible says. After all, it’s all abut love that Jesus is preaching.”
“The KHADC CEM HS Shylla recently said that the KHADC Amendment Bills do not recognise the third gender. The 377 judgement is a big blow to him. I wonder what he will have to say now. I can’t express how happy I am — how happy we all are. Shillong has not done a pride walk till now — but after this historic judgment, I am certain we will make it happen this year,” says Rebina Subbah, founder chairman of Shamakami, the only LGBTQ registered organisation in Meghalaya.
Shashi Tharoor further said, "When I tried to introduce the private member's bill exactly on these grounds the SC has raised, I was shouted down by the members of the BJP not once but twice, after two unsuccessful attempts of introduction by a bigoted majority. I myself said that the only hope for justice for this community will be the judicial system."
Shashi Tharoor said, 'We have allowed the government to interfere in the private lives of people, to discriminate against people on the basis of their sexual orientation and to infringe on the rights and freedoms the constitution has long upheld. The Supreme Court has today stood up for equality of all our citizens, it has stood up for the dignity of individuals irrespective of personal preferences and it has stood up ultimately for the value of privacy which is itself a right the Supreme Court upheld last year.'
'This is about the freedoms of Indian citizens in a democracy, it's not just about sex. It's about how we treat our own citizens and to my mind, the government has no place in the bedroom and the private lives of individuals Criminal acts, child molestation are still illegal but private acts between consenting adults, this is something no government should have criminalised, unfortunately we have done since the days of the British raj. I am happy that today is a dawn of freedom for many of our citizens,' told the Indian Express.
Today’s SC decision is truly historic. It says that the rights which are granted by the Constitution of India are enjoyed by the LGBT community as well. It is a day to celebrate. We have won the legal fight, but in society we still have to gain victory: Ankit Gupta, LGBT activist
Aishwaryan said, "To be accepted by your own people for your preference is what I always had an issue with, but many factors are involved and we have a long way to go. If people from my generation and I are today celebrating this victory, it's in remembering all those loved ones who are no longer here and wished to see this day. It's just one hurdle that we have passed and many more to go. We deserve every equality to live the life we want to. Who is to decide who lives how? We are all equal, these are all basic human needs we are fighting to be accepted for."
"The idea of conservative thoughts itself is so selfish, not only in our aspect, but in every way. The times that we are living in is very volatile and if not questioned now, then the future is not something that we all hoped to live and for our generations to come," he added.
Aishwaryan, who is also part of Queerala, Kerala's LGBTQ+ collective, said, "It (SC ruling) is nothing short of victory and happiness that the court has ruled in our favour. We are all human beings and as 'normal', as one perceives it to be...to be criminalised for my privacy in my home is no one's business and concern."
"Obviously, the verdict is late and for the second time, we had to fight for our rights. It's a draconian law that the Britishers had set then and the same people who have ruled it out in their own land. We in India have so much to work on yet where the idea of respecting each individual comes from our thinking, education and society has to change in every aspect," he said.
All the lawyers and judges who have worked on this are the people to be interviewed and thanked. I am a nobody but they are the people to be thanked. It is massive time to celebrate: Keshav Suri, Executive Director of Lalit Group of hotels and petitioner in the Section 377 case.
Welcome today’s landmark ruling by SC. Sexual orientation and gender expression form an integral part of an individual’s identity the world over and violence, stigma and discrimination based on these attributes constitute an egregious violation of human rights: United Nations on Section 377 verdict
Reacting to the SC ruling, a Transexual activist Daya Gayathri said, "I am very, very happy to hear this. My partner, who's a transman still in the body of a woman, gave me the news (of the top court verdict). It took us 150 years for such a law to be repealed, a law left behind by the British."
"We have to understand that everyone's privacy is important, everyone's identity is important. Because of this draconian measure, a lot of people have had to commit suicide, forcibly marry because of their identity. Gay and lesbian people have been forcibly married off by their families and the society to hide their identity. So I see this as an opportunity. This is a time for celebration," she said
She also said, "I believe that society is changing. A lot of people are supporting us than before. Slowly and gradually, with more education and sex-literacy, things will improve. Laws of marriage and adoption for the LGBTQI community must also come. Children are the heart of every family, so adoption rules must be tweaked as well."
Justice Indu Malhotra, the only woman on the five-judge bench, says history owes an apology to the members of the community for the delay in ensuring their rights. In her judgment, she iterates that Section 377 will continue govern non-consensual sexual acts, carnal intercourse with minors and acts of bestiality.
The state has no business to get in controlling the private lives of LGBT community members: Supreme Court Justice DY Chandrachud during hearing of Section 377 case today.
Congress leader Shashi Tharoor said, "I am pleased to welcome SC decision to decriminalise consensual acts of adults in private. In this country we have allowed govt to interfere in private lives of people to discriminate against people on the basis of sexual orientation, but SC stood up for equal treatment of citizens."
“As the mother of a lesbian daughter and on behalf of all the parents of Sweekar, I am extremely happy about the Supreme Court Verdict. By repealing Section 377 the Honourable Justices have given our children and the LGBTQI Community, the Fundamental Rights which were guaranteed to them by the Indian Constitution and for which they have been fighting for a very long time. This verdict also makes way for the disappearance of the unjust stigma and prejudice in the society against the LGBTQI persons and their families. I, along with everyone at Sweekar, hope that after this judgement, more and more parents will embrace and accept their children as we have, and enable them to live fully," says Chitra Palekar, filmmaker and petitioner in the case.
"We have finally got justice. We are finally 'azaad in azaad Hind': Ashok Row Kavi, LGBT rights activist and founder of Humsafar Trust on Supreme Court verdict.
Welcome to our LIVE blog. The Supreme court has decriminalised Section 377 of the Indian Penal Code (IPC). Gay rights activists across the country are celebrating the verdict. Reactions have started pouring in. Follow to get the latest updates.