Highlights of the judgement
Following are the highlights of the Delhi High Court judgement legalising gay sex among consenting adults.india Updated: Jul 02, 2009 14:42 IST
Following are the highlights of the Delhi High Court judgement legalising gay sex among consenting adults:
* Section 377 of IPC making gay sex among consenting adults as criminal offence is violative of fundamental rights.
* The penal provision will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.
* Section 377 denies a gay person a right to full personhood.
* A person below 18 years of age would not be able to give consent to such sexual acts.
* Adult means anyone who is 18 years of age and above.
* The verdict decriminalising homosexual acts between consenting adult partners would not have retrospective effect.
* Any discrimination on the basis of sexual preference is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual.
* A provision of law branding one section of people as criminal based wholly on states' moral disapproval of that class goes counter to equality guaranteed in the Constitution.
* The provision of section 377 runs counter to the Constitutional values and the notion of human dignity which is considered to be cornerstone of our constitution.