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History owes apology to LGBT persons for discrimination: Key points SC made

A five-judge constitution bench concurred on the matter and presented their opinion with various philosophical and constitutional rationale

BS Web Team 

Pride Parade, LGBT

The Supreme Court on Thursday struck down of the Indian Penal Code, decriminalising homosexual relationships between consenting adults. The judgement is being held as historic by the civil society as the apex court has for the first time ruled in favour of same-sex relationships.

A five-judge constitution bench concurred on the matter and presented their opinion with various philosophical and constitutional rationale.

ALSO READ: Supreme Court rules it's not a crime to be a homosexual in India anymore

Key takeaways of the historic verdict:

  • History owes an apology to LGBT persons for ostracisation, discrimination, the Supreme Court of India said
  • LGBT community possesses the same human and fundamental rights as other citizens
  • Sexual orientation a biological phenomenon, any discrimination on this grounds is violative of fundamental rights
  • So far as a consensual unnatural sexual act in private is concerned, it is neither harmful nor contagious to society
  • Courts must protect the dignity of an individual as the right to live with dignity is recognised as a fundamental right
  • CJI Dipak Misra, speaking for himself and Justice A M Khanwilkar, says denial of self-expression is akin to inviting death
  • of IPC was a weapon to harass members of the LGBT community, resulting in discrimination
  • Any kind of sexual activity with animals shall remain penal offence under of the IPC
  • SC partly strikes down Section 377 as violative of the right to equality
  • IPC's Section 377, which criminalises consensual unnatural sex, irrational, indefensible and manifestly arbitrary
  • is not a mental disorder. It is a completely natural condition
  • Society cannot dictate sexual relationship between consenting adults as it a private affair
  • Denial of right to sexual orientation is akin to denial of right to privacy
  • Section 377 of IPC is violative of Right to live with dignity
  • India is signatory of international treaties on rights of LGBT and it is obligatory to adhere to treaties

First Published: Thu, September 06 2018. 12:24 IST
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