Thursday, 6 September 2018

History owes apology to LGBT persons for discrimination: 10 points SC made

Pride Parade, LGBT

The Supreme Court on Thursday struck down Section 377 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.

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

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