The Supreme Court has given historic results on the petitions challenging the constitutional validity of Article 377 of the Indian Penal Code (IPC), which commits adultery with homosexuals. The gay sex is not a crime, the court said. The Supreme Court has said that everyone has the right to equality and needs to be improved now. The Chief Justice said that the diversity of society should be maintained. This decision of the court has given great relief to the gay community.

Following a hearing by the petitioners along with the activists for the rights of homosexuals, the five-member bench, headed by Chief Justice Deepak Mishra, reserved the judgment on August 17. The Central Government had passed a decision on this section to the court. Article 377 is a violation of the fundamental rights of the Constitution. The relationship maintained with the consent in two lively individuals is a special one. Therefore, it is not a crime, the Supreme Court said.

Earlier, reading out the verdict, Justice R F Nariman said homosexuality is not a mental disorder, which has been also recognized by Parliament. Centre must give wide periodic publicity to the SC judgment to eliminate the stigma attached to LGBT community.

SC says Section 377 of the IPC was a weapon to harass members of the LGBT community, resulting in discrimination. Any kind of sexual activity with animals shall remain penal offense under Section 377 of the IPC, says Supreme Court.

What is section 377 of the IPC?

In 1860, Lord McDayley created the Indian Penal Code. Accordingly, homosexuality was given to be a crime. Under Section 377 of the IPC, homosexuality is a crime, if two people establish unnatural sex with each other’s consensus or disagreeable. According to this provision, there is a provision of punishment for the offenders from 10 years to life sentence. This is a non-bailable offense.