-- New Delhi, 6 September 2018
THE CPI(ML) welcomes the historic Supreme Court verdict striking down Section 377 as unconstitutional and decriminalising homosexuality. All credit for this landmark verdict goes to the LGBTQIA activists, individuals and organizations and the dedicated team of lawyers. It is their persistence which resulted in the SC finally correcting its historic blunder in the Suresh Kumar Koushal case which had recriminalised homosexuality. The Supreme Court today, upholding the rights of LGBTQIA people, observed that "Majoritarian views and popular morality cannot dictate constitutional rights. We have to vanquish prejudice, embrace inclusion and ensure equal rights.” This principle that constitutional morality rather than majoritarian popular morality must guide public policy, needs to be underlined today not only in the matter of LGBTQIA rights but also against laws as well as mob actions that seek to meddle in individual decisions on matters of diet, dress, choice of partner, and so on.
Now that the shadow of Section 377 has been lifted, we look forward to struggles to achieve and expand the fullest possible equality and dignity for LGBTQIA people in India.
Central Committee, CPIML