SC verdict on LGBTI gives hope to those fighting for justice: Amnesty

Hailing the Supreme Court judgment decriminalising consensual gay sex, Amnesty International India Thursday said the verdict gave hope to everyone fighting for justice and equality.

The SC on Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex, saying it violated the rights to equality.

“The judgment closes the door on a dark chapter of Indian history. It marks a new era of equality for millions of people in India," said Asmita Basu, Programmes Director, Amnesty International India.


"The remarkable victory today is a milestone in the three decade old struggle by the LGBTI community and their allies in India,” she added.

However, the LGBTI (lesbian, gay, bisexual, transgender and intersex) community's struggle for their rights including marriage, adoption and inheritance will continue, Basu said.

"While today's judgement answers the constitutional invalidity of Section 377, the struggle for the rights of LGBTI people continues, including in relation to marriage, adoption or inheritance,” she said.

Amnesty said the landmark ruling "sends a message of hope not only to LGBTI people, but to everyone fighting for justice and equality.

The court's unanimous verdict has upheld the right to equality, privacy, dignity and freedom of expression of all people regardless of their sexual orientation, it said.

In its historic verdict, the constitution bench headed by Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which criminalises consensual unnatural sex as irrational, indefensible and manifestly arbitrary

The apex court added that any discrimination on basis of sexual orientation is a violation of fundamental rights guaranteed by the Indian Constitution.

Section 377 as it stood, violated basic human rights standards on equality, privacy and dignity.