History owes apology to LGBT persons for discrimination: Key points SC made

A five-judge constitution bench concurred on the matter and presented their opinion with various philosophical and constitutional rationale.

The Supreme Court on Thursday struck down Section 377 ofthe Indian Penal Code, decriminalising homosexual relationships between consenting adults. The judgement is being held as historic by the civil society as the apex court has for the first time ruled in favour of same-sex relationships.

A five-judge constitution bench concurred on the matter and presented their opinion with various philosophical and constitutional rationale.

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Key takeaways of the historic verdict:

History owes an apology to LGBT persons for ostracisation, discrimination, the Supreme Court of India said

LGBT community possesses the same human and fundamental rights as other citizens

Sexual orientation a biological phenomenon, any discrimination on this grounds is violative of fundamental rights

So far as a consensual unnatural sexual act in private is concerned, it is neither harmful nor contagious to society

Courts must protect the dignity of an individual as the right to live with dignity is recognised as a fundamental right

CJI Dipak Misra, speaking for himself and Justice A M Khanwilkar, says denial of self-expression is akin to inviting death

Section 377 of IPC was a weapon to harass members of the LGBT community, resulting in discrimination

Any kind of sexual activity with animals shall remain penal offence under Section 377 of the IPC

SC partly strikes down Section 377 as violative of the right to equality

IPC's Section 377, which criminalises consensual unnatural sex, irrational, indefensible and manifestly arbitrary

Homosexuality is not a mental disorder. It is a completely natural condition

Society cannot dictate sexual relationship between consenting adults as it a private affair

Denial of right to sexual orientation is akin to denial of right to privacy

Section 377 of IPC is violative of Right to live with dignit

India is signatory of international treaties on rights of LGBT and it is obligatory to adhere to treaties.

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