WE HAVE A NEW date to celebrate, not of Independence, but of Freedom. September 6th, 2018. The Supreme Court of India struck down a 157-year-old law and declared, ‘Section 377 is irrational, indefensible and manifestly arbitrary.’ A five-judge Constitution Bench of the Supreme Court decriminalised homosexuality by partially striking down the colonial era provisions of Section 377 of the Indian Penal Code (IPC). The Bench, led by Chief Justice of India Dipak Misra and comprising Justices Rohinton F Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra gave four separate but concurring judgments.
In the combined judgment, the CJI and Justice Khanwilkar said the Section would not apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians and other sexual minorities but would apply to bestiality and sexual acts without consent by…