What’s next for LGBT community after Supreme Court decriminalises gay sex

Gay sex among consenting adults is not an offence, the Supreme Court ordered on Thursday, reading down a British-era section 377 of the penal code that penalises people for their sexual orientation.

The Supreme Court judgment only deals with a narrow interpretation of Section 377. Besides decriminalising homosexuality, the judgment does not confer any further rights.

Members of the LGBT community celebrate after the Supreme Court’s verdict. (Shankar Narayan/HT Photo)

Gay marriages

Marriages between same-sex partners are not recognised in india, but this can be changed by inserting a provision in the Special Marriage Act.

Adoption

Law prohibits adoption of a child by a gay couple.

Inheritance

One partner cannot inherit properties left behind by their same-sex partner, unless a will is drawn in favour of the person. A will, too, can be contested by family members of the partners.

On pending criminal cases

The judgment will have a bearing on criminal cases pending trial, appeal or revision on disposed off cases. The judgment will have no bearing on disposed off cases and old cases cannot be reopened. It opens the flood gates for securing other civil rights.