Gay sex legalised by Delhi High Court

New Delhi, Jul 2 (PTI) In a pathbreaking judgement,
the Delhi High Court Thursday legalised gay sex among
consenting adults holding that the law making it a criminal
offence violates fundamental rights.

However, Section 377 of the Indian Penal Code which
criminalises homosexuality, will continue for non-consensual
and non-vaginal sex.

"We declare section 377 of IPC in so far as it
criminalises consensual sexual acts of adults in private is
violative of Articles 14, 21 and 15 of the Constitution," a
Bench comprising Chief Justice A P Shah and Justice S
Murlidhar said.

The High Court said "the provision of section 377 IPC
will continue to govern non-consensual penile non-vaginal sex
and penile non vaginal sex involving minors".

The court clarified that "by adults we mean everyone
who is 18 years of age or above".

It further said that this judgement will hold till
Parliament chooses to amend the law.

"In our view Indian Constitutional Law does not permit
the statutory criminal law to be held captive by the popular
misconception of who the LGBTs (lesbian gay bisexual
transgender) are.

"It cannot be forgotten that discrimination is
antithesis of equality and that it is the recognition of
equality which will foster dignity of every individual," the
Bench said in its 105-page judgement. MORE PTI