The Supreme Court Constitutional Bench has reserved its judgement on the petitions filed over Section 377 to decriminalise homosexuality among adults while refusing to leave the matter to Parliament and said that the apex court will bring down any law if they violate fundamental rights of citizens of India.
After a hearing session over the petitions challenging IPC Section 377 that criminalises same-sex relations between two consenting adults in private, the Constitutional bench of judges expressed how all “suppression was wrong”. The Supreme Court bench accepted that prohibition will not help and homosexual couples living in denial have no access to medical facilities, making them more prone to spread of sexually-transmitted diseases. Kicking the idea of homosexuality under the carpet on the name of morality will lead to more problems and legalising it will let the law control it, which is why, “all prohibitions are wrong”.
Giving out stern indications in support of striking down the Indian Penal Code Section 377, the judges said that the idea of fundamental rights is to empower the people. The Supreme Court holds the right to bring down any law that violates fundamental rights of citizens of the country and it is independent of the views and doesn’t need the support of a majoritarian government in power to do so. The bench strongly said, “The moment there is a finding that a provision violates the fundamental rights of citizens, the court will strike it down, irrespective of the majoritarian government’s power to repeal, amend of enact the law.”
The Supreme Court is firm on its stand that no community, however miniscule it might be, cannot be deprived of fundamental rights and all laws doing so will be removed. While the government remained silent on the matter, the apex court has reserved its judgement on the plea to decriminalise homosexual act between adults with mutual consent by bringing down the IPC Section 377.