Updated on : Thursday, July 02, 2009NEW DELHI: The Delhi High Court on Thursday decriminalized homosexuality by reading down section 377 of the Indian Penal Code.
The Section 377 of the IPC as far as it criminalizes gay sex among consenting adults is violation of fundamental rights, said the high court. However, Section 377 of the Indian Penal Code which criminalizes homosexuality, will continue for non-consensual and non-vaginal sex.
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 judgment would hold till Parliament chooses to amend the law.
The Section 377 of the IPC as far as it criminalizes gay sex among consenting adults is violation of fundamental rights, said the high court. However, Section 377 of the Indian Penal Code which criminalizes homosexuality, will continue for non-consensual and non-vaginal sex.
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 judgment would hold till Parliament chooses to amend the law.
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