The Delhi High Court on Thursday gave a landmark judgment said homosexuality is not a crime.
The Section 377 of the Indian Penal Code (IPC), a law from the British Raj era, says homosexuality and “unnatural sex” is a criminal act and punishable under the laws of the land.
A bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar of the Delhi High Court in its 105-page judgement said that if not amended, section 377 of the IPC would violate Article 21 of the Indian constitution, which states that every citizen has equal opportunity of life and is equal before law.
Any kind of discrimination is anti-thesis of right to equality, said the court, while allowing plea of gay rights activists for decriminalization of homosexuality.
The court said that this judgement will hold till Parliament chooses to amend the law.