Congress welcomes Supreme Court's verdict legalising gay sex

In a historic judgement that can be called a milestone in the movement for gay rights in India, the Supreme Court on Thursday ruled that homosexuality is not a crime in the country anymore with the top court moving to scrap Section 377 of the Indian Penal Code, a British era law that treated the practice as unnatural. 

Welcoming the judgement, the Congress has put up a tweet saying, "We join the people of India & the LGBTQIA+ community in their victory over prejudice. We welcome the progressive & decisive verdict from the Supreme Court & hope this is the beginning of a more equal & inclusive society. #Section377"

A five-judge bench headed by Chief Justice of India Dipak Misra delivered its verdict on whether Section 377 that holds gay sex as an offence in India, ruling that homosexuality is not an offence.

All judges concurred on their opinions and their viewpoint was 'take me as I am' and that prejudice cannot rule India. Outside the court and across the nation people celebrated.

The CJI said: "No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums."

"Respect for individual choice is the essence of liberty; LGBT community possesses equal rights under the constitution," the apex court said.

Holding that homosexuality is not mental disorder, the court said: "Autonomy of an individual is important. He or she can not surrender it to anyone"

Reacting to the verdict, Congress leader Randeep Surjewala tweeted, "Supreme Court verdict on #Section377 is momentous. An age-old colonial law, that was an anachronism in today’s modern times, ends restoring the fundamental rights & negating discrimination based on sexual orientation. It’s an imp step forward towards a liberal, tolerant society."

Delhi Mahila Congress leader Sharmistha Mukherjee reacted to say on Twitter, "Congratulations to Supreme Court for a historic verdict & to all the people who fought for upholding basic humane values of dignity & the rights to liberty, equality & freedom #Section377"

Hoping for a liberal country after the judgement, DMK leader Kanimozhi said in the micro-blogging site, "The rights of #LGBTQ community are finally recognized and India has taken an important step towards fulfiling its universal human rights obligations. Hope we move towards a more liberal, tolerant and inclusive society."

BJP MP Subramanian Swamy, who had earlier spoken against the legalisation of gay sex, stood firm in his stand even after the judgement.

Swamy told media as he was quoted by Zee News, "Homosexuality is a genetic flaw. Cannot be equated with normal sexual behaviour."

"Homosexuality leads to increased instances of paedophilia, gay bars and HIV. I know many judges who are homosexual.”

However, the BJP leader agreed that police have no right to enter anyone's bedroom.

Maintaining its previous stand, the Rashtriya Swayamsevak Sangh (RSS), a Hindu right-wing organisation and the parent body of the ruling BJP, said same-sex marriage and relationship are neither natural nor desirable, shorty after the top court passed the judgement as reported by Zee News.

In 2013, the top court had upheld gay-sex as an offence though this section was read down  by the Delhi High Court in July 2009 in response to a Naz Foundation petition in the Delhi high court against Section 377.

That judgement was overturned by the Supreme Court  on 11 December 2013  holding that amending or repealing section 377 should be a matter left to Parliament, not the judiciary.