New Delhi : In a Historic verdict, the Supreme Court of India today decriminalised consensual gay sex between two adults irrespective of their gender and partially struck down Section 377 of the Indian Penal Code. A five-judge bench, headed by Chief Justice of India Dipak Misra and comprising Justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, unanimously delivered the judgment titled Navtej Singh Johar & Ors. v. Union of India. However, the Court made it clear that sex with children and animals, which also forms a part of Section 377, will remain a criminal offence.
“Section 377 insofar as it criminalises consensual sexual acts between adult human beings, is unconstitutional and liable to be struck down” the judgment said.
What the erstwhile Section 377 say?
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.”
( with inputs from barandbench.com)