In an important move the Delhi High Court (DHC) has legally recognized gay sex with a condition that "the provision of section 377 IPC will continue to rule non-consensual penile non-vaginal sex and penile non vaginal sex involving minors".
Section 377 of the IPC so far criminalized homosexuality among agreeable adults. The DHC call this aspect of the section against the fundamental rights. "We declare section 377 of IPC in so far as it criminalizes consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution," a Bench comprising Chief Justice A. P. Shah and Justice S. Murlidhar said.
The court clarified that "by adults we mean everyone who is 18 years of age or above".
In its 105-page judgment, the DHC clarified the position of Law and Constitution on the issue, "In our view Indian Constitutional Law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are.
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