In a historic judgement, a two-judge bench comprising Chief Justice A P Shah and Justice Murlidharan has decriminalised non-heterosexual sex between consenting adults. In an eloquently argued judgement of 150 pages, the bench has struck down Section 377 of the Indian Penal Code (IPC), a colonial legislation drafted by Lord Macaulay in 1860, that criminalised “carnal intercourse against the order of nature†punishable by imprisonment extending up to ten years.
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In a historic judgement, the Delhi High Court on the 2nd of July 2009 decriminalized homosexuality by striking down section 377 of the Indian Penal Code.
The Section 377 of the IPC as far as it criminalizes gay sex among consenting adults is violation of fundamental rights, said the high court.
Any kind of discrimination is anti-thesis of right to equality, said the court, while allowing plea of gay rights activists for decriminalization of homosexuality. A bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.
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