It’s a big move by Supreme Court today because the court has said that Section 377 is irrational and capricious. “LGBT Community has same rights as of any ordinary citizen. Respect for individual choice is the essence of liberty; the LGBT community possesses equal rights under the constitution. Criminalising gay sex is irrational and indefensible,” said Chief Justice Dipak Misra.
However, the verdict was delivered by of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud, and Indu Malhotra.
Also, the Section 377 says that if someone has lustful intercourse against the order of nature with any man, woman or animal”, shall be punished by up to 10 years in jail under the 1861 law.