“We declare that Section 377 of the IPC, insofar as it criminalises consensual sexual acts of adults in private, is violative of Articles 21 [Right to Protection of Life and Personal Liberty], 14 [Right to Equality before Law] and 15 [Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth] of the Constitution.”
About time. The State has no business to peek into our bedroom. this is not just about decriminalizing homosexuality – it is about ensuring everyones’ right to privacy.
i predict that every religious nut-case organisation- from the Bajrang Dal to SIMI will join hands to create disturbance.finally something will unite them.
When that happens, I hope that the State & Civil Society beat them down. Constitutional rights are universal and applicable to everyone in the nation. Religious rights are only for those who observe. Religious leaders cannot ask for their dogma to be imposed on the rest of the state.
The way ahead is to ensure that all laws that contradict fundamental rights are repealed one by one. And, when there is a dispute between Constitutional Law and Religious Law -the former triumphs.
I hope that this is the precedent for ensuring greater equality for all sections of society, especially women who are governed by archaic Christian and Muslim codes. Thankfully, Nehru freed Hindu women of that tyranny – now it is the time for our sisters to get their due in terms of rights.
for more read Religion vs. Gender Equality & Feminism - by Mahendra.