12 Quotes From The SC Verdict On Section 377 That Gave Us Goosebumps

Posted: September 7, 2018

The Supreme Court’s verdict on Section 377 has brought in joy to many people and couples who don’t fall in the LGBTQ spectrum, and all of those who support their right to equality. Here are some of the most inspiring quotes giving us clarity about this positive judgement.

Years of fighting has finally paid off. India is now one among the 25 countries of the world where love between people of the same gender is legally accepted. As long as there is consent for the same from both the parties, none can stop them from falling in love or being in a relationship. It is indeed a historic judgement by the Supreme Court of India.

Here are 12 quotes related to the same judgement, to help us get a better insight as to what the verdict actually meant.

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First, a few of the most inspiring quotes from the written judgement itself.

Consensual choices cannot be denied

“Consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice. Section 377 results in discrimination and is violative of constitutional principles.”

Section 377 reveals hatred

“Section 377 reveals only the hatred, revulsion and disgust of the draftsmen towards certain intimate choices of fellow human beings.”

Sexuality should be viewed as fluid

“An individual’s sexuality cannot be put into boxes or compartmentalizes; it should rather be viewed as fluid, granting the individual the freedom to ascertain her own desires and proclivities.”

It is denuding of human liberty

“Human sexuality cannot be reduced to a binary formulation. Nor can it be defined narrowly in terms of its function as a means to procreation. To confine it to closed categories would result in denuding human liberty of its full content as a constitutional right.”

Respect the relationships based on consent

“Consensual sexual relationships between adults, based on the human propensity to experience desire must be treated with respect. In addition to respect for relationships based on consent, it is important to foster a society where individuals find the ability for unhindered expression of the love that they experience towards their partner.”

Section 377 made LGBT a closeted community

“Punishment under Section 377 made the LGBT a closeted community, destroyed the identity of members and reached their dignity, all part of right to life.”

Law must change with the times

“The law must be interpreted as per the requirement of changing times.”

The judgement on Section 377 was passed by a bench of 5 judges comprising of Chief Justice of India Dipak Misra at the lead, Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. Here are few quotes from these judges.

Section 377 is incomprehensible – Dipak Misra

“Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community… LGBT community possesses same equality as other citizens.”

Rights of every individual are important – A M Khanwikar

“Social morality cannot violate the rights of even one single individual,”

History owes an apology – Indu Malhotra

“History owes an apology to members of LGBT community and their families for ostracisation and persecution they faced because of society’s ignorance that homosexuality is a natural trait; its penal suppression infringes a host of fundamental rights.”

It is not a mental disorder – R F Nariman

“Homosexuality is not a mental disorder, which has been also recognised by Parliament. Centre must give wide periodic publicity to the SC judgment to eliminate stigma attached to LGBT community.”

First step towards burying the colonial ghost – Chandrachud

“State has no business to get into controlling the private lives of LGBT community members or for that matter, any citizen.” Also, “decriminalising gay sex is only the first step to bury the Colonial Ghost, adding that time has come to move forward and give the LGBT community the other constitutional rights.”

Images Source – Unsplash, Pixabay

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