Published On: Tue, Jul 17th, 2018

Apex Court Says Gay Relationships To Be Accepted

The opposing party to Indian Penal Code Section 377 may hope to rejoice their challenge as the Apex Court on Tuesday said same-sex relations between two consenting adults in private if considered as violation of fundamental rights there should be no wait for majoritarian government to act.

Apex Court Says Gay Relationships To Be Accepted

The five-judge Constitution Bench was led by Chief Justice of India Dipak Misra. The verdict is still reserved.

Justice Nariman said, “The moment we are convinced that there is a violation of fundamental rights, we cannot leave anything to the legislature… The whole object of the fundamental rights chapter is to strike down laws that violate fundamental rights which majoritarian governments may find difficult to do because of vote bank concerns etc. If the court finds the violation of fundamental rights, we don’t wait for majoritarian governments to act.”

Nariman was replying to advocate Manoj George who said holding the law unconstitutional would have cascading effect on the personal laws of other communities in the country.

George said, “Parliament must deal with it in its legislative wisdom.”

He referred to the Parsi Marriage and Divorce Act too that says unnatural offence was a ground for divorce.

The other judges in the bench were Justices A M Khanwilkar, Indu Malhotra and D Y Chandrachud.

The bench said if the Section 377 goes away entirely there will be anarchy.

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- Paul Linus is an eminent online journalist who has been writing news, features and editorials on different websites from across the world for about a decade. He can be contacted at

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