Supreme Court strikes down Section 377 in unanimous verdict on Thursday. CJI Dipak Misra says there is a consensus among the judgments, which means all the judges are in agreement on the criminalisation of Section 377.
1) NALSA – Rights of LGBTQ community recognized including life with dignity. In the same vein, at the core of identity, lies the right to self-determination, CJI Misra said.
2) Justice Suresh Koushal had overturned the Naz foundation ruling by the Delhi High Court on the grounds that LGBTQ is a miniscule part of the population and mere scope of abuse. Such a view is constitutionally impermissible
3) Opposing this view the CJI held that the role of courts are more important when rights affected are of a minority subject to historical discrimination.
4) Transformative Constitution – The Chief Justice says that the interpretation of the constitution should not be literal. It should reflect intent and purpose, in consonance with changing times.
5) Constitutional morality urges the organs of the State including judiciary to protect heterogeneity and prevent the imposition of popular perception on the minority. The fundamental rights of even a single individual cannot be infringed upon