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SC CJI Dipak Misra bench verdict on IPC Section 377 based on Article 14, 15, 19, 21



Supreme Court verdict on IPC Section 377 Homosexuality establishes consensual homosexual relations between adults adult is no crime Details

The Supreme Court has removed homosexuality from the category of crime on September 06, 2018. According to this, homosexual relations created between two adults with mutual consent will no longer be considered a crime.

The constitutional bench of Chief Justice of the Supreme Court Dipak Misra, Justice Rohinton Nariman, AM Khanwilkar, DY Chandchood and Justice Indu Malhotra took up this decision.

Chief justice Deepak Mishra said that gay people have the right to live with dignity. The bench acknowledged that homosexuality is not a crime, and people have to change their thinking about it.

The Bench believed that homosexuality is not a crime, and people have to change their thinking about it.
The Constitution Bench clearly states that the LGBT community has the right to live like other citizens. They also get the same rights as other people. At the same time, the Supreme Court refused to accept gay relations as a crime.

The Supreme Court said that section 377 is arbitrary, arbitrary and incomprehensible because it prohibits the rights of equality of LGBT community. The right to privacy which is contained in the right to life, it also applies to the LGBT community.

This decision is based on the interpretation of Article 14 (Right to equality), Article 15 (prohibition of discrimination based on religion, race, caste, gender or place of birth), Article 19 (freedom of speech and expression) and Article 21 ( The right to life and the right to privacy).


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