The Supreme Court on September 6 decriminalised homosexuality, announcing consensual sex between adults of the same gender in private is no longer a crime under the IPC section 377. CJI Deepak Mishra and Justice Khanwaliker, reading the verdict, reportedly stated that discrimination on the basis of sexual orientation is a violation of freedom of speech and expression. During the initial hearings in July, Additional Solicitor General Tushar Mehta, appearing for the Government of India had stated that the Indian government will not contest the challenge to Section 377 and will leave the judgement to the SC’s wisdom, so far as the SC limits the constitutional validity of Section 377 to ‘consensual acts of adults in private’.
Darul Uloom Deoband slammed the Supreme Court’s decision, saying that according to Shariat, homosexuality is haram and illegitimate. The Milli Gazette referred to the judgement as ‘a step towards self-destruction’. While sharing the article on decriminalisation of gay sex, the online magazine terms the judgement as ‘violating God’s laws’ and hence it would be a step to ‘self-destruction’. In countries like Afghanistan, Brunei, Iran, Saudi Arabia, Sudan, Somalia, Yemen and The United Arab Emirates, homosexuality activities carry death penalty.