"Any act of the description covered under Section 377 IPC done between two individuals without the consent of any one of them would invite penal liability under Section 377 IPC", the apex court said in its landmark verdict.
However, it was gathered that despite the fact that public opinion in India's biggest cities were in favour of legalising gay sex, some religious groups have been said to oppose the law. It termed sexual orientation as a "biological phenomenon" and "natural" and held that any discrimination on this ground was violative of the fundamental rights.
"This is a great day for India and for all those who believe in the universality of human rights", the UN High Commissioner for Human Rights Michelle Bachelet said in a statement Friday.
"Rule of Law, if it has to flourish in a constitutional democracy, has to be amidst the diversity of culture, in a plural society", he said. The Supreme Court too could suggest framing of new laws, but to get into motion would be in the hands of the Parliament. The overturning of the criminality of homosexuality in India is a major breakthrough for the LGBTQ+ community worldwide and offers hope that those countries in Asia who still maintain prejudiced laws may follow suit.
"That we can do by saying, as I propose to say in this case, that lesbians, gays, bisexuals and transgenders have a constitutional right to equal citizenship in all its manifestations", he wrote, supporting partial striking down of Section 377.
Well, not everything was excluded, the law against unnatural sexual offenses against unnatural sexual offenses against minors as well as animals such as sodomy and bestiality.
The Hindustan Times warned that members of the lesbian, gay, bi-sexual and transgender communities would still face condemnation from their families and colleagues.
"Justice Chandrachud, according to The Hindu, questioned the meaning of the phrase "order of nature" in Section 377 and said: "[The] State can not decide the boundaries between what is permissible or not. "There are other judgments which do not regard this right "to be that I am" as something that is immutable", he said. India is still a conservative, diverse nation of 1.3 billion that often feels more like a continent than a country. In its 493-page judgement, the bench said aspects of Section 377 dealing with unnatural sex with animals and children remain in force.
"So proud today! Decriminalizing homosexuality and abolishing section 377 is a huge thumb up for humanity and equal rights!"
Anjali Gopalan, who runs the organisation in New Delhi, was so horrified at what the young man told her that she filed a lawsuit challenging Section 377, setting the case in motion. Make way for the progressive realisation of social and economic rights and to begin a dialogue for ensuring individual rights reports, have to bid adieu to perception stereotypes.
The members of LGBTQ community were forced to live in hiding and as second class citizens, the top court observed. "This is the first battle that has been won and there are many more battles that we are going to fight".
Although the Delhi High Court had struck down the provision in 2009, it was revived by the Supreme Court in 2013 in a widely criticised judgment by a Division Bench of Justice G S Singhvi and Justice S J Mukhopadhyaya. We will win each one of them.
That is why we commend the Supreme Court for its remarkable decision to repeal the colonial-era Section 377.
The verdict by the five-judge bench was unanimous.