In a landmark verdict, the Supreme Court on Thursday legalised gay sex in India by striking down clauses of Section 377 of the IPC that criminalised gay sex, calling it “unconstitutional”.
Here are the key quotes from the judgement
1. An individual has the sovereignty over his or her body and can surrender autonomy wilfully to another individual and their intimacy in privacy is a matter of their choice and such concept of identity is not only sacred but is also in recognition of the quintessential facet of humanity in a person's nature.
2. Consensual carnal intercourse among adults, be it homosexual or heterosexual, in private space, does not in any way harm the public decency or morality. Therefore, Section 377 IPC in its present form violates Article 19(1)(a) of the Constitution.
3. Examination of Section 377 IPC in relation to Article 19(1)(a) reveals that it amounts to an unreasonable restriction, as public decency and morality cannot be amplified beyond a rational or logical limit and cannot be accepted as reasonable grounds for curbing the fundamental rights of freedom of expression and choice of the LGBT community.
4. The respect for individual choice is the very essence of liberty and criminalising carnal intercourse under Section 377 IPC is irrational, indefensible and manifestly arbitrary.
5. Section 377 of IPC subjects the LGBT community to societal pariah and dereliction and is, therefore, manifestly arbitrary, for it has become an odious weapon for the harassment of the LGBT community by subjecting them to discrimination and unequal treatment. Therefore... Section 377 of IPC is liable to be partially struck down for being violative of Article 14 of the Constitution.
6. The principle of choice can never be absolute under a liberal Constitution and the law restricts one individual's choice to prevent harm or injury to others.
7. Sexual orientation was one of the many biological phenomena which is natural and inherent in an individual.
8. If anyone, by which we mean both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Section 377 is constitutional and it shall remain a penal offence under Section 377 IPC. Any act of the description covered under Section 377 IPC done between two individuals without the consent of any one of them would invite penal liability under Section 377 IPC.
9. The role of the courts gains more importance when the rights which are affected belong to a class of persons or a minority group who have been deprived of even their basic rights since time immemorial.
10. The concept of constitutional morality urges the organs of the state, including the Judiciary, to preserve the heterogeneous nature of the society and curb any attempt by the majority to usurp the rights of a minuscule section of the populace.
11. Constitutional morality cannot be martyred at the altar of social morality and it is only constitutional morality that can be allowed to permeate into the Rule of Law. The veil of social morality cannot be used to violate fundamental rights of even a single individual, for the foundation of constitutional morality rests upon the recognition of diversity that pervades the society.
12. Dignity is an inseparable facet of every individual that invites reciprocative respect from others to every aspect of an individual which he/she perceives as an essential attribute of his/her individuality, be it an orientation or an optional expression of choice.
