Finally, the battle of legalizing the homosexuality has come to its final end. This Thursday, the Indian Supreme Court came to the final decision of restoring the Delhi High court judgment that decriminalized homosexuality as a result of the petition filed by the minority LGBT community.
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As per the complete report published by renowned media sources, a 5 judge panel headed by CJI Dipak Misra diluted section 377 of the Indian Penal Code to exclude all sorts of adult consensual sexual behavior.
Well, not everything was excluded, the law against unnatural sexual offenses against unnatural sexual offenses against minors as well as animals such as sodomy and bestiality.
Along with the CJI Dipak Misra, the panel of judges also included A.M. Khanwilkar, D.Y. Chandrachud, R.F. Nariman, and Indu Malhotra. The panel unanimously decided on the matter. This decision of the Supreme court will help the community claim the equal constitutional status as all the rest of the citizens. This new amendment of the law affirms their right to adopt, marry and have a family of their own.
It was in 2009 when the Delhi High court took a look on the same issue, however, the bench of the Supreme court has controversially undone the rule stating that it was best to leave parliament with the changing mores. According to the section 377, the unnatural sexual acts in case of both homosexual and heterosexual is also stated against law.
After the delusion of Section 377, many people who are against this decision urged the court to reinstate it on the grounds of religion, cultural ethics, and morality. The government has left the issue entirely on the court’s will.
This issue came to light when the minority LGBT community filed a plea asking for the dissolution of section 377 against homosexuality. This act turned heads of many judges and people in the country. Finally, the panel of 5 highly qualified and experienced judges was appointed to see this request through and a final decision was made this Thursday in favor of the request diluting section 377 partially.