Four judges ruled on the case; Chief Justice of India, Dipak Misra, Justice RF Nariman, Justice A M Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra.
They ruled unanimously in favor to scrape Section 377, saying the law was ‘arbitary’.
‘We have to vanquish prejudice, embrace inclusion, and ensure equal rights,’ said CJI Misra in his judgment.
Misra argued that public morality and majoritarian views ‘cannot dictate constitutional rights’. He said LGBTI people deserve the same rights as other people.
The court ruled that: ‘Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression’.
The CJIs ruled Section 377 as unconstitutional, to the extent it criminalizes consensual sexual acts between adults, whether homosexual or heterosexual. But they ruled that bestiality would still be a criminal offence.
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