The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, struck down Section 377 as being violative of right to equality.
A five-judge Constitution bench of the Supreme Court Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex.
A five-judge Constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.
The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, struck down Section 377 as being violative of right to equality.
The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.
Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
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1. CJI Misra on Section 377
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Sans identity the name only remains a plain factor. Emphasis is laid on the identity of a person. The sustenance of identity is the pillar of life.
2. CJI Mishra
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Denial of self-expression is like death
3. CJI Misra
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Certain sections of our society have been living in shackles of exclusion. Have to vanquish prejudice and embrace inclusion and ensure equal rights. Prejudices are deeply ingrained in society.
4. CJI Misra
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Freedom of living is a face of life. Sustenance of identity is a filament. One defines oneself. No one can escape who they are Section 377
5. CJI Misra
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Majoritarian views and popular views cannot dictate constitutional rights. LGBT community possess human rights like all other sections of society. Equality is essence of constitution. 377 is arbitrary.
6. CJI Misra
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We have to fester tolerance and peaceful coexistence, we have to respect them who they are and not ask them to be who they aren't.
7. CJI Misra
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We must recognize the concept of identity. The core is self-determination. The view of majoritarianism is constitutionally untenable. Our Constitution is a dynamic document. Primary objective of constitution - inclusive society and dynamic society.
8. CJI Misra,
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Sexual orientation is one of many biological phenomena. It is natural and no discrimination can exist. Any violation is against freedom of speech and expression.
9. CJI Misra
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Morality cannot be martyred at the altar of social morality. Only Constitutional morality exists in our country. Autonomy is invidualistic, people in private can choose to share intimacy with individuals of their choice.
10. CJI Misra
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Sexual orientation is one of many biological phenomena. It is natural, and no discrimination can exist. Any violation is against freedom of speech and expression.
