06/09/2018
A photograph is appreciated when it is beautiful and creative. The scrapping of by the is indeed a beautiful news and it is going to create some beautiful photographs in the canvas of life. Hail
RAINBOW WALKS, LOVE WINS
TSM Bureau
And so, the Supreme Court of India on September 6, 2018, gave the historic judgement by decriminalizing Section 377 of the Indian Penal Code, thereby, providing homosexuality recognition and legal acceptance. So, from now on, in India, being gay and le***an partners is absolutely normal.
What is Section 377?
Section 377 refers to 'unnatural offences' and says whoever voluntarily has carnal in*******se 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 SC Verdict
The law, which was formed in 1860, was finally repealed by a bench led by the Chief Justice of India, Dipak Misra and comprising of justices Fali Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.
The CJI Dipak Misra, as a part of the judgement, made some iconic statements and here are 10 of them-
1. “I am what I am. So take me as I am. No one can escape from their individuality.”
2. “Morality cannot be martyred at the altar of social morality. Only Constitutional morality exists in our country.”
3. “Majoritarian views and popular views cannot dictate constitutional rights. LGBT community possesses human rights like all other sections of society. Equality is the essence of the constitution. 377 is arbitrary.”
4. “Certain sections of our society have been living in shackles of exclusion. We have to vanquish prejudice and embrace inclusion and ensure equal rights. ”
5. “We have to foster tolerance and peaceful coexistence, and we have to respect them for who they are and not ask them to be who they aren’t."
6. “Discrimination on the basis of sexual orientation is [a] violation of freedom of speech and expression.”
7. “Autonomy is individualistic, people in private can choose to share intimacy with individuals of their choice.”
8. Sexual orientation is one of many biological phenomenon. It is natural and no discrimination can exist. Any violation is against freedom of speech and expression.
9. “No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrum.”
10. Section 377 is irrational, indefensible and manifestly arbitrary.
"I am happy and elated today. Finally, my love today received today the law's nod," says Rishi, a Guwahati denizen.
But, this is just the beginning as there is still a long way to go. The law as accepted, now it is time for the society to accept it. It will take time, but we are hopeful, the time will come soon.
