New Delhi, September 6: The Supreme Court has made homosexuality a non-criminal offense as a five-judge Constitution Bench of the Supreme Court pronounced its judgment on the constitutionality of Section 377 of the Indian Penal Code (IPC), a colonial-era provision which criminalizes private consensual sexual acts between same-sex adults.
The five-judge Constitution Bench led by Chief Justice of India Dipak Misra, comprises Justices Rohinton F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra.
"LGBT Community has same rights as of any ordinary citizen," said CJI Dipak Misra.
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.
The apex court, however, said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.
Section 377 instigated quite a considerable level of argument with some supporting it with the free mindset to accept the community while the others argued how the community and legalizing Section 377 will hamper the social society.
Reacting to arguments that homosexual behavior leads to spread of HIV, Justice D.Y. Chandrachud said, public acceptance of people in gay relationships will help meet health concerns and control the spread of HIV. Same-sex couples living in denial with no access to medical care were more prone to contracting and spreading sexually-transmitted diseases.
The Judge stated that all suppression is wrong.