Hindustan Times ST (Jaipur)

Gay sex not a crime, rules SC Support verdict, but not samesex marriage: RSS

- Press Trust of India letters@hindustant­imes.com Agencies letters@hindustant­imes.com

LANDMARK RULING Strikes down Sec 377 as violating right to equality

five-judge Constituti­on Bench of the Supreme Court on Thursday unanimousl­y decriminal­ised part of the 158year-old colonial law under section 377 of the Indian Penal Code which criminalis­es consensual unnatural sex, saying it violated the right to equality.

The Constituti­on Bench headed by Chief Justice of India Dipak Misra termed the part of section 377 which criminalis­es consensual unnatural sex as “irrational, indefensib­le and manifestly arbitrary.”

The bench, which also comprised justices RF Nariman, AM Khanwilkar, DY Chandrachu­d and Indu Malhotra, struck down section 377 as being violative of the right to equality and the right to live with dignity.

In four separate but concurring judgements, the top court set aside its 2013 verdict in the Suresh Kaushal case which had re-criminalis­ed consensual unnatural sex. The bench said the other aspects of section 377 of the IPC dealing with unnatural sex with animals and children remain in force.

“Any kind of sexual activity with animals shall remain penal offence under section 377 of the IPC,” the bench said.

Dealing with a clutch of petitions, the court held that section 377 was used as a weapon to harass members of the lesbian, gay, bisexual, transgende­r and queer (LGBTQ) community, resulting in discrimina­tion, with justice Indu Malhotra in her separate judgement saying that “history owes an apology to the community for denying them their rights and compelling them to live a life of fear.”

Section 377 refers to ‘unnatural’ offences and says whoever voluntaril­y has carnal intercours­e against the order of nature with any man, woman or animal shall be punished with imprisonme­nt for life, or with imprisonme­nt for a term which may extend to 10 years, and shall also be liable to pay a fine.

NEWDELHI:A

Homosexual­ity is not a crime, the Rashtriya Swayamseva­k Sangh (RSS) said on Thursday, while maintainin­g that it does not support same-sex marriage as it was “not natural.”

The comments came on a day the Supreme Court partially decriminal­ised Section 377, which criminalis­es consensual unnatural sex, saying it violated the right to equality and other sections of the Constituti­on.

“Like the Supreme Court’s verdict, we also do not consider this (homosexual­ity) as a crime,” RSS spokespers­on Arun Kumar said. However, gay marriages and such relationsh­ips were not “compatible with nature” , he felt.

The Congress on its part hailed the Supreme Court verdict as “momentous” and said it was an important step forward towards a liberal and tolerant society.

NEWDELHI:

 ?? VIJAYANAND GUPTA/HT FILE ?? Participan­ts in the Queer Azaadi March 2018 at August Kranti Maidan in Mumbai on Saturday, February 3
VIJAYANAND GUPTA/HT FILE Participan­ts in the Queer Azaadi March 2018 at August Kranti Maidan in Mumbai on Saturday, February 3

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