All the 5 judges on the constitution bench, led by the Chief Justice of India, concurred on the matter.
Section 377: The Supreme Court said on Thursday that Section 377 is arbitrary and 'untenable', decriminalising a homosexuality.
The apex court said that discrimination on the basis of sexual orientation is a violation of freedom of speech and expression. Supreme Court said that the homosexual community has same rights as everyone else.
"The constitution is a dynamic document, having the primary objective of establishing a dynamic and inclusive society," the judgment of CJI Misra and J Khanwilkar.
CJI Misra quoted Schopenhauer, JS Mill and others on the freedom and liberty of an individual. He said, "We have to vanquish prejudice, embrace inclusion, and ensure equal rights", according to LiveLaw. TV reports quoted him as saying LGBT community has equal rights, and that Section 377 is irrational.
A five-judge constitution bench headed by Chief Justice Dipak Misra had reserved its verdict on July 17 after hearing various stakeholders, including gay rights activists.
The Centre, which had initially sought an adjournment for filing its response to the petitions, had later left to the wisdom of the court the issue of the legality of the penal provision with regard to the aspects of criminalising consensual unnatural sex between two consenting adults.
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