The 5-bench Supreme Court judge’s verdict that abolished a 150- year-old law, quoted inspirational lines from Goethe-Shakespeare’s classic in their judgement to
scrap section 377 of IPC.
In a historical judgement the Apex court of India comprising Chief Justice Dipak Mishra, Justice R F Nariman, A M Khanwilkar, D Y Chandrachur and Indu Malhotra, observed that society has no say in terms of people’s freedom.
The judges think this is a unanimous decision in terms of verdict. No dissent were seen between the five judges. The bench opined that consensual sex between adults in a private place, which is not harmful to women, children, cannot be denied as it is a matter of individual choice. Section 377 results in discrimination and is violative of constitutional principal.
CJI Deepak Mishra also opined, “Social morality can not violate the rights of even one single individual.” And members of LGBT community and their family is owed an apology from society for denied equal rights over the year, thinks justice Malhotra.
In his judgement CJI wrote Goethe-Shakespeare’s theory to explain the justification of their stand against section-377. Justice Mishra wrote in his verdict: I am What I am, so take me as I am; a line from moving poem ‘Love in all guises’ written by German writer Johann Von Goethe.
CJI Mishra explained that Goethe had said ‘not for nothing’, which has been seconded by Justice A M Khanwilkar. Who asserted, “The emphasis on the unique being of an individual is the salt of his/her life.
Denial of self-expression is inviting death” Mishra’s judgement also added Shakespear’s quotes to establish that identity is pivotal to one are being. here is the line taken from the play Romeo and Juliet: ‘What is in the name.’ That means which we called a Rose by any other name would smell as sweet. So sans identity, the name only remains a denotative terms, added the judges.
Justice R F Nariman quoted Shakespeare in his judgement. He has taken lines from Julius Ceaser, where a passage describing how the fundamental rights chapter in the constitution is like the north star in the universe of constitutionalism in India. So the unanimous judgement said, “The very purpose of fundamental rights chapter was to withdraw the subject of liberty and dignity of the individual and place such subject beyond the reach of majoritarian government. One such minority knocked on the doors of this Court as this court is the custodian of the fundamental rights of the citizens.”
Humsafar Trust took out rally after the historic verdict at Mumbai.
— ANI (@ANI) September 6, 2018