New Delhi, July 2 (Inditop.com) The Delhi High Court Thursday decriminalised gay sex by striking down section 377 of the Indian Penal Code (IPC), quoting Jawaharlal Nehru to emphasise that the Constitution guaranteed homosexuals rights equal to what other citizens enjoy.
A bench of Chief Justice Ajit Prakash Shah and Justice S. Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian Constitution, which states that every citizen has equal opportunity of life and is equal before law.
“Equality and inconclusiveness are the tenets of the Constitution,” the court quoted India’s first prime minister Nehru as having said.
Section 377, a law from the British Raj era, says homosexuality and “unnatural sex” is a criminal act.
Giving its landmark judgement, the high court said that section 377 should be amended and any sex between consenting adults should be legalised.
In plain terms, what this judgement means is that police will no longer be able to intrude upon or arrest adult homosexuals having consensual sex.
Advocate Tripti of the Naz foundation, which had filed the petition, said: “It is very clear now that sex between consenting adults would no longer be an offence.”
Anjali Gopalan of the Naz Foundation added: “We had asked that section 377 be read down. This, however, does not hold good for minors below the age of 18. Also, the fact the adults have to be consenting is important.”
In 2004, the high court had dismissed the same petition, saying that it was an academic challenge to the constitutionality of a legislative provision which could not be entertained.
