Once again the Supreme Court of India today gave ray of hope to millions of marginalized Indians by decriminalizing the consensual same-sex acts. The court overruled its own 2013 decision and partially struck down Section 377, a controversial British-era law that banned the consensual gay sex. While delivering the historic judgment, the SC observed that, “Majoritarian views and popular morality cannot dictate constitutional rights. We have to vanquish prejudice, embrace inclusion and ensure equal rights.” Five bench judge headed by CJI Dipak Misra deserves appreciation for this historic judgment.
They have ensured that henceforth all Indians will be treated equally irrespective of their gender. This judgment has restored faith in the highest judicial body of the country. In the next few months, SC will give judgment on several important cases which can have huge ramification. Next it is expected to give its verdict on petition challenging the constitutional validity of Aadhaar. The court is also hearing several cases related to communally sensitive Ayodhya case. The people of India will be hoping that SC judges exhibit similar courage while delivering verdict on Aadhaar and Ayodhya. Also in the past one year the people’s faith in SC has eroded due to controversies that rocked apex court. Fellow judges had raised concern over functioning of CJI Dipak Misra. All this made people to suspect the neutrality of SC. However by delivering a historic verdict on gay rights, the SC under the leadership of CJI has won the heart and soul of the nation. This verdict shows that Supreme Court still remains the last ray of hope for the marginalized section of society who is seeking justice.