India News

Gay sex not crime, rules SC in verdict hailed as historic; UN welcomes verdict

Published

8 years ago

September 6, 2018

Gay sex not crime, rules SC in verdict hailed as historic; UN welcomes verdict

[vc_row][vc_column][vc_column_text]The Supreme Court on Thursday, September 6, 2018, decriminalised a portion of Section 377 of the Indian Penal Code (IPC), a colonial era adjunct that criminalises private consensual sexual acts between same sex adults.

The verdict by a five-judge Constitution bench headed by Chief Justice of India Dipak Misrawas applauded by a wide section, with the United Nations also coming out with a statement hailing the judgment. Jubilant gay rights activists celebrated on the lawns of the court. Shouts of ‘Hip Hip Hurray’ echoed on the premises, reported The Hindu.

Delivering the landmark judgment, Chief Justice of India Dipak Misra said: “I am what I am. So take me as I am.”

The apexcourt overruled its own 2013 decision and said Section 377, a British-era ban on consensual gay sex, is irrational, indefensible and arbitrary.

“No one can escape from their individuality,” said Justice Misra.CJI Dipak Misra, speaking for himself and Justice A M Khanwilkar, says denial of self-expression is akin to inviting death

The judges dwelt upon various philosophical and Constitutional aspects in writing the historic judgment that called for a shift in the society and attitudes. “We have to bid adieu to prejudices and to empower all citizens,” the Chief Justice said. Homosexuality, said the judges, is not a mental disorder.

Section 377 banned “carnal intercourse against the order of nature with any man, woman or animal”, which was interpreted to refer to homosexual sex. Under the 1861 law, gay sex was punishable by up to 10 years in jail.

The Chief Justice said: “Respect for individual choice is the essence of liberty; the LGBT community possesses equal rights under the constitution. Sexual orientation is a biological phenomenon; any discrimination on these grounds is violative of fundamental rights”.

History owes an apology to LGBT persons for ostracisation, discrimination, the court said.

So far as a consensual sexual act in private is concerned, it is neither harmful nor contagious to society, said the court. The society cannot dictate sexual relationship between consenting adults as it is a private affair and denial of right to sexual orientation is akin to denial of right to privacy, said the court.

Courts must protect the dignity of an individual as the right to live with dignity is recognised as a fundamental right.

Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC, the judgment held.

The SC noted that India is signatory of international treaties on rights of LGBT and it is obligatory to adhere to treaties[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1536231074243{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #e5e5e5 !important;border-radius: 10px !important;}”]The United Nations welcomed the judgment and said it was the first step towards ensuring full fundamental rights to LGBTI persons.

“The United Nations in India welcomes the landmark ruling by the Supreme Court of India striking down a key component of Section 377 of the Indian Penal Code which criminalized specific sexual acts between adults, a law dating back to British colonial rule that has targeted in particular lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and communities.

“Sexual orientation and gender expression form an integral part of an individual’s identity the world over, and violence, stigma and discrimination based on these attributes constitute an egregious violation of human rights. LGBTI persons across the world continue to be the targets of violent attacks and are affected by multiple and intersecting forms of discrimination based on age, gender, ethnicity, disability and social status.

“The UN in India sincerely hopes that the court’s ruling will be the first step towards guaranteeing the full range of fundamental rights to LGBTI persons. We also hope that the judgment will boost efforts to eliminate stigma and discrimination against LGBTI persons in all areas of social, economic, cultural and political activity, thereby ensuring a truly inclusive society. The focus must now be on ensuring access to justice, including remedy; effective investigations of acts of violence and discrimination; and effective access to economic, social and cultural rights.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The ban was challenged by five high-profile petitioners who said they were living in fear of being punished.The petitioners are, Bharatnatyam dancer Navtej Singh Johar, journalist Sunil Mehra, restaurateur Ritu Dalmia, Neemrana hotel chain co-founder Aman Nath and businesswoman Ayesha Kapur.

Activists had been fighting the ban since the 1990s, suffering several court reverses before the verdict today that sparked celebrations among lesbian, gay, bi-sexual and transgender groups across the country.

Reactions:

Congress welcomes verdict

“We join the people of India & the LGBTQIA+ community in their victory over prejudice. We welcome the progressive & decisive verdict from the Supreme Court & hope this is the beginning of a more equal & inclusive society,” tweeted the Congress’ official handle.

Congress spokesperson Randeep Singh Surjewala tweeted, “Supreme Court verdict on #Section377 is momentous. An age-old colonial law, that was an anachronism in today’s modern times, ends restoring the fundamental rights & negating discrimination based on sexual orientation. It’s an imp step forward towards a liberal, tolerant society.”

Decision vindicates my stand: Shashi Tharoor

“So pleased to learn that the Supreme Court has ruled against criminalising sexual acts in private. This decision vindicates my stand on Section 377& on exactly the same grounds of privacy, dignity &constitutional freedoms. It shames those BJP MPs who vociferously opposed me in LS,” tweeted Thiruvananthapuram MP Shashi Tharoor.

Bollywood celebrities hail judgment

Bollywood filmmaker Karan Johar tweeted, “Historical judgment!!!! So proud today! Decriminalising homosexuality and abolishing #Section377 is a huge thumbs up for humanity and equal rights! The country gets its oxygen back!”

Actor Swara Bhasker also supported the judgment. She tweeted, “Congratulations to all the activists and petitioners on #SupremeCourt judgement scrapping #Section377 Your perseverance just made #India a freer place for everyone ! #LoveIsLove #Pride #377Verdict #377Scrapped Three cheers for the #SupremeCourt.”

“Bye bye 377,” tweeted filmmaker and actor Farhan Akhtar. “Thank you #SupremeCourt #abouttime #nomorediscrimination #loveislove.”[/vc_column_text][/vc_column][/vc_row]

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Delhi-NCR sees second spell of rain and thunderstorms in four days

Delhi-NCR experienced another spell of rain and thunderstorms on March 18, with IMD forecasting more showers over the next few days.

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March 18, 2026

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Delhi and parts of the National Capital Region witnessed another spell of rain, thunderstorms, and strong winds on Wednesday evening, marking the second such weather event in the past four days.

The sudden change brought relief from unusually high temperatures recorded earlier this month. According to officials, the temperature at Safdarjung — the city’s base weather station — was recorded at 24 degrees Celsius at 7 pm.

The India Meteorological Department had earlier issued an alert predicting light to moderate rainfall accompanied by thunderstorms and lightning on March 18. Several areas across the capital experienced gusty winds along with brief but intense showers.

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The weather department has forecast partly cloudy skies for March 19 and 20, with chances of light rain or thundershowers occurring once or twice during the day. On March 21, skies are expected to remain cloudy with the possibility of light showers continuing.

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Weather activity across India to intensify

The IMD has also indicated widespread weather activity across multiple regions of the country in the coming days. Rainfall is expected to intensify in several states, accompanied by thunderstorms, lightning, and gusty winds.

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India News

Centre pushes states to cut levies to boost PNG adoption

The Centre has asked states to reduce local levies and streamline approvals to accelerate PNG adoption and city gas infrastructure growth.

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The Ministry of Petroleum and Natural Gas has urged states and Union Territories to ease local levies and procedural barriers affecting City Gas Distribution (CGD) projects, in a bid to accelerate the adoption of piped natural gas (PNG) as a cleaner fuel alternative.

In a communication sent to Chief Secretaries, Petroleum and Natural Gas Secretary Neeraj Mittal highlighted that high right-of-way charges, road cutting fees, lease rentals and other local levies imposed by urban bodies are discouraging investments in CGD infrastructure.

High costs slowing expansion

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It noted that these financial and procedural hurdles are slowing down infrastructure expansion and affecting the broader adoption of natural gas.

Gap between connections and usage

According to the government, while around 12.63 crore PNG connections have been recorded, only about 1.6 crore are currently active. The ministry stressed that improving ease of doing business at state and local levels could help bridge this gap and expand the consumer base.

Officials believe that rationalising levies may initially reduce local revenues but could lead to higher long-term gains through increased gas consumption and economic activity.

LPG shortage adds urgency

The push for PNG adoption comes amid supply constraints in liquefied petroleum gas (LPG), linked to ongoing tensions in the Middle East. Oil marketing companies are currently supplying only 20 per cent of normal commercial LPG demand to states.

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Reform-linked incentives for states

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Implementing a dig-and-restore model using bank guarantees instead of restoration charges
Eliminating annual rental or lease charges for CGD infrastructure

The ministry said compliance with these reforms would be verified before granting additional LPG allocations.

Industry support measures

The communication also noted that GAIL and its subsidiaries have already allocated full gas supply to the commercial PNG segment to support businesses affected by reduced LPG availability.

The government reiterated that expanding natural gas usage aligns with its broader push for cleaner and domestically sourced energy.

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BJP seals Assam seat-sharing pact, Modi to hold 3 rallies in April

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The Bharatiya Janata Party has finalised its seat-sharing arrangement for the upcoming Assam Assembly elections, firming up its strategy alongside National Democratic Alliance partners as campaigning gathers pace in the state.

Under the agreement, the BJP will contest 89 seats, while its allies — Asom Gana Parishad and Bodoland People’s Front — will field candidates in 26 and 11 constituencies respectively. The distribution has been decided after internal deliberations, with the focus now shifting to candidate announcements and campaign execution.

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Union Home Minister Amit Shah is also set to spearhead an extensive campaign across the state through March, aiming to energise party workers and strengthen voter outreach.

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