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Section 377 Verdict: LGBTQ community has same fundamental right as others, Supreme Court rules

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The Supreme Court on Thursday legalised gay sex, lifting the ban on homosexuality.

In a historic move for the LGBTQ (Lesbian Gay Bisexual Transgender and Queer) community in India, the Supreme Court on Thursday legalised gay sex, lifting the ban on homosexuality.
Dipak Misra, the Chief Justice of India, while announcing the first judgement said that the LGBTQ community has the same fundamental right as others and the identity of an individual is very important.
"The prejudice and social stigma still affect a certain section of the society," Misra said, adding that morality cannot be equated with popular sentiments.
The United Nations hailed the decision taken by the Supreme Court.
"The United Nations in India welcomes the landmark ruling by the Supreme Court of India striking down a key component of Section 377 of the Indian Penal Code which criminalized specific sexual acts between adults, a law dating back to British colonial rule that has targeted in particular lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and communities," it said in a statement.
The judges in the case had previously said that gay people in India face deep-rooted trauma and live in fear.
The homosexuality law, commonly known as "Section 377", prohibited "carnal intercourse against the order of nature with any man, woman or animal" - which is widely interpreted to refer to homosexual sex.
The law even prohibited heterosexual couples in penile non-vaginal sex, which include penile oral or penile-anal sex, despite mutual consent and in the privacy of their bedrooms.
The Indian Penal Code was first drafted by Lord Macaulay and introduced in 1861 in British India. Within this draft,  Section 377 is under Chapter XVI titled “Of Offences Affecting the Human Body”.
The chapter, however, does not hold any context or state specifically that can target the community directly.

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