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The country's top court had asserted that courts cannot wait for a "majoritarian government" to decide on enacting, amending or striking down a law if it violates fundamental rights.
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The court had earlier reserved its verdict on July 17 after hearing various stakeholders for four days, including gay rights activists. The 158-year-old colonial-era Section 377 referred to 'unnatural offences' and said 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 of either description for a term which may extend to 10 years, and shall also be liable to pay a fine. The order was passed - unanimously - by a five-judge constitution bench headed by Chief Justice Dipak Misra, and comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
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The path-breaking judgement held that Section 377 of the Indian Penal Code that criminalised consensual gay sex was "irrational, indefensible and manifestly arbitrary".Īlso read: 'Freedom of expression should be allowed,' says CJI as Supreme Court decriminalises homosexuality The apex court unanimously held that consensual sex among adult homosexuals or heterosexuals in private space is not a crime, as it struck down part of a British-era law that criminalised it. The rainbow flag, commonly known as the gay pride flag or LGBT pride flag, is a symbol of lesbian, gay, bisexual and transgender (LGBT) pride and LGBT social movements. Also read: India lifts ban on homosexuality but challenges loom large