Genre: News > India

Jul 2, 2009: The Delhi High Court on Thursday decriminalized IPC's Section 377, making consensual sex between people of same gender legal.

The bench headed by Chief Justice A P Shah and Justice S Muralidhar, while pronouncing the judgment, said equality should not be read literally, but in true spirit.

The court observed any type of discrimination was anti-thesis of the right to equality.

The HC said the Section 377, prescribing punishment up to life imprisonment for indulging in unnatural sexual act, as far as it criminalizes consensual sex between people of same gender was violation of the fundamental rights, as per the Article 21 of the Constitution.

However, the HC added Section 377 would continue for non-consensual sex.

The judgment though would not be binding outside Delhi.

Background

Homosexuality refers to sexual attraction between people of the same gender.

In India, it is considered as a criminal offence according to Section 377 of IPC.

  Comments (1)

  Title: Ms

Posted by: Sheetal

Date: Jul 02nd, 2009

Comment: This is by far the most progressive law amendment by our
Country

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