Sep 6, 2018, 2:21 PM IST
Homosexuality is not a crime in India anymore, five Supreme Court judges declared today in a spectacular leap for gay rights in the country. The court overruled its own 2013 decision and partially struck down Section 377, a controversial British-era law that banned consensual gay sex. Non-consensual or consent obtained by force continues to be an offence, as does "carnal intercourse with children, animals and bestiality".
Chapter XVI, Section 377 of the Indian Penal Code dating back to 1861 criminalises sexual activities 'against the order of nature', i.e. any sexual activity between consenting adults other than the penile-vaginal variety to have a child.
Section 377 violates Article 14 (equality before law), Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 19 (freedom of speech and expression, and to form associations or unions) and Article 21 (right to Life) of the Constitution of India.