While passing the judgment, the High Court held that the existing law that terms gay sex as a criminal offence infringes fundamental rights of the citizens.
A Bench comprising Chief Justice A P Shah and Justice S Murlidhar said, "We declare section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private as violative of Articles 14, 21 and 15 of the Constitution."
Ruling overturns 148-year-old law
The historic verdict on gay sex topples a 148-year-old colonial law, pertaining to the British era, which depicts same-sex relationship as an aberrant offence.
A statute in Section 377 of the Indian Penal Code (IPC), which labels homosexual activity as "carnal intercourse against the order of nature", considers gay sex as illegitimate.
Till this point of time, homosexual acts carried a punishment of a 10-year prison. But all that is history now. The 105-page judgment delivered by the team of law officers appointed by the government will hold till the time the Parliament opts to revise the existing law.
The bench noted, "It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual."
Adults only
The High Court said, "The provision of section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non vaginal sex involving minors.”
Anjali Gopalan of the Naz Foundation, the organization that had filed the petition in the High Court, noted, “We had asked that section 377 be read down. This, however, does not hold good for minors below the age of 18. Also, the fact the adults have to be consenting is important."
Simply put, the police will have no role to play, will not be entitled to poke its nose and will not arrest adult homosexuals having consensual sex.
A person who is 18 years of age or above is considered to be an adult in India.
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