India rewrites history, SC strikes down Section 377, calls it ‘Irrational’ and ‘Arbitrary’

In a landmark judgement passed on by the Supreme Court, it struck down Section 377 of the Indian Penal Code (IPC). The Constitution bench of Chief Justice of India (CJI) Dipak Misra and other four judges decriminalised homosexuality and gay sex in consenting adults. The CJI in his judgement stated that Section 377 is ‘irrational’, ‘arbitrary’, and ‘incomprehensible’ as it shackles the right to equality for the people belonging to the LGBTQ community.

It was in July 2013, in the round of earlier litigation, the top court reserved the ruling of the Delhi High Court decriminalizing homosexuality or same-sex relationship. On 17 July, the top court stated that it was duty bound to strike the law down that clashes with fundamental rights and the majoritarian government should not be left to address it.

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