A five-judge Constitution bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising Justices D Y Chandrachud, Rohinton Fali Nariman, A M Khanwilkar and Indu Malhotra, issued the verdict on a bunch of petitions filed to scrap the law. The bench had earlier reserved its verdict on July 17.
The CJI while delivering the verdict observed that criminalising gay sex is irrational and indefensible. CJI said LGBT community has same rights as any other citizen. Respect for each other's rights, and others are supreme humanity, observed the bench unanimously, while saying that right to live with dignity is right.
Known as Section 377 of the IPC, the 157-year-old law criminalised certain sexual acts, terming them as 'unnatural offences', punishable by a 10-year jail term.
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The legal battle to scrap the statute has gone on for several years. The Delhi High Court, in 2009, decriminalised homosexuality. But in 2013, the Supreme Court restored the colonial-era law. Three years later, the top court agreed to hear the Section 377 petition once more. Petitioners before the Supreme Court argued that the controversial law was not in tandem with a 2017 ruling that guaranteed the right to privacy to people. During the hearing in July, the government told the apex court that it would leave to the wisdom of the court to decide the constitutional validity of Section 377.