The 17-year-long battle for the civil rights of the LGBTQ community has finally come to a close as the Supreme Court of India pronounced its judgment on a clutch of petitions against Section 377. The verdict is in. Homosexuality has finally been decriminalised in India.
A five-judge SC bench by unanimous decision decriminalises #Section377 making gay sex legal.
FOLLOW LIVE UPDATES: https://t.co/epFDauFcr4 pic.twitter.com/MB8vJA2dHv
— Times of India (@timesofindia) September 6, 2018
A concerted effort from human rights activists, lawyers, queer, Indians and allies has been sustained over all these years, and what we’re seeing as a result is a second Independence Day, a promise of freedom and equality for a community.
The draconian Section 377 was first enforced in 1861. It is a colonial-era anti-sodomy law based on Victorian morality, thoroughly outdated, and used to terrorise, silence, invisibilise, blackmail or extort money from members of the LGBTQ community. It was in July this year that a battery of lawyers questioned its constitutional validity in the Supreme Court, questioned its place in a nation where we have a fundamental right to our life, liberty, and privacy. And as a nation that values these rights, decriminalising homosexuality was inevitable.
Delivering the Supreme Court judgement, Chief Justice of India Dipak Misra said it was time to “make way for the progressive realization of social and economic rights,” and to “to bid adieu to perception stereotypes”.
As the news pours in, people are flocking to Twitter to express their joy, relief, and excitement over this:
SC all set to read down #Sec377. In another 10 mins, the 5 judge constitution bench will pronounce its verdict on decriminalizing homosexuality. Watch this space for update on the #Section377Verdict as my colleague @BhadraSinha reports from the court
— cheenikum (@ashhokbaggriya) September 6, 2018
CJI starts reading #section377 verdict – Says Not for nothing the great german thinker said..I am what i am, so take me as i am reports @BhadraSinha @htTweets
— cheenikum (@ashhokbaggriya) September 6, 2018
#Section377Verdict – "make way for progressive realization of social and economic rights and to begin a dialogue for ensuring individual rights reports @BhadraSinha @htTweets
— cheenikum (@ashhokbaggriya) September 6, 2018
Bye..Bye #section377 You lived much more than your worth.
— Raju (@nbrengaraju) September 6, 2018
we will someday tell the generations to come about this day when people forced into exclusion were accorded their due dignity #Section377
— Vandana (@Vandana5) September 6, 2018
"Denial of Self-Expression is Like Death"- says CJI Dipak Misra while reading out the judgment that ends #Section377. Listen to those words carefully – court championing of individual liberty is a pointer to India's battle for other critical freedoms as well #Section377Verdict
— barkha dutt (@BDUTT) September 6, 2018
The single best thing about coming out of the closet is that nobody can insult you by telling you what you've just told them.#Section377#Section377Verdict
— Virat Kohli (@imVkohi) September 6, 2018
"Morality cannot dictate constitutional rights". Oh My God!!! Am I really in reality and in India? Unbelievably progressive? #Section377
— Srinivas Kari (@Srinivas_Kari) September 6, 2018
AND I AM CRYING.#Section377Verdict #section377 #ThankYouSupremeCourt for giving what is rightfully ours. pic.twitter.com/rSGrA8DMLD
— Aayushi Verma (@aeyvei_av) September 6, 2018
Overheard, prices of closet to come down soon. ??? #Section377
— Siddharth Patni (@aageSeLeftLelo) September 6, 2018
Okay so the #Section377 is now gone. The right fight begin now the #LGBTQ community aren't criminal but are the acceptable by the society ? It now time to make people aware and educated about the community and make them realise it's as normal as breathing air and eating food.
— arpit jain (@abheeyanta) September 6, 2018
Abolishing #Section377 is the right step towards letting people have their own personal freedom and choices, in the country,where everyone is keen about others' lifes than their own!#loveislove
— Prince Mejel (@Mejel666) September 6, 2018
“History owes an apology to LGBTQ community”: Justice Indu Malhotra as five member bench of the Supreme Court decriminalises homosexuality in India. #Section377 #Pride pic.twitter.com/0UTeUH3gCL
— Pallavi Prasad (@pallaviprsd) September 6, 2018
Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt pic.twitter.com/grA64TTB3w
— Swara Bhasker (@ReallySwara) September 6, 2018
Now that it’s gone….. #Section377 pic.twitter.com/a0fCjZfZwi
— Sarita A Tanwar ? (@SaritaTanwar) September 6, 2018
Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt pic.twitter.com/grA64TTB3w
— Swara Bhasker (@ReallySwara) September 6, 2018
Now that it’s gone….. #Section377 pic.twitter.com/a0fCjZfZwi
— Sarita A Tanwar ? (@SaritaTanwar) September 6, 2018
neelvan_ruak
Let’s make one thing clear. Legalising gay sex is not exactly legalising homosexuality in totality. Same-sex marriage is still not legal. LGBT community still doesn’t have parenting rights. So, I think the statement ”Homosexuality has finally been decriminalised in India” is technically wrong and grossly misleading. Being a homosexual and engaging in gay sex could be two entirely different things. And so far, only gay sex has been decriminalised, an act so private that it shouldn’t have been the state’s problem, to begin with. However, in saying that, this is a huge first step towards recognising gay rights, respectfully acknowledging their existence and barring any further ostracism. I celebrate with all my heart. Peace and love. <3