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India’s LGBTI community has ‘psychological disability’ says retired judge

India’s LGBTI community has ‘psychological disability’ says retired judge

lawyers and petitioners outside Indias Supreme Court after it ruled to dicriminalize gay sex

A retired Supreme Court judge in India has said the LGBTI community ‘needs medication’.

‘According to me, this third gender, gay, lesbians, transgenders, is a psychological disability’ former Supreme Court justice Gyan Sudha Misra said Saturday (9 December).

The former judge made the comments at a discussion in New Delhi, according to India Today. A panel of legal experts discussed India’s landmark decision to decriminalize gay sex in September.

Section 377 of the Penal Code had criminalized gay sex with up to 10 years in prison.

‘To say that [LGBTI] was not a disability and to suppress it is wrong, It needs medication’ Gyan Sudha Misra said. ‘They should be ‘given counseling’, she reportedly said.

Former Chief Justice of India Dipak Misra, however, rejected Gyan Sudha Misra’s comments.

Dipak Misra was one of the five-member bench of the Supreme Court who made September’s historic ruling.

‘When the court struck it [Section 377] down, various opinions were drafted but the basic was that you must have choice, dignity and autonomy’

Dipak Misra also said liberty was a ‘permanent value’, according to India Today.

What’s more, former attorney general Mukul Rohatgi said the Supreme Court ruling came as ‘society was ready’.

How India decriminalized gay sex

Section 377 of the Indian Penal Code outlawed ‘carnal intercourse against the order of nature with any man, woman or animal’. Britain introduced the law in 1861, when it was ruling the country.

The Supreme Court voted unanimously to ‘read down’ Section 377 in September. They ruled elements that criminalized sex acts between consenting adults violated the constitution.

The court, therefore, ruled that: ‘Sexual orientation of an individual is natural and discrimination on the basis of sexual orientation is a violation of Freedom of Expression’.

‘We have to vanquish prejudice, embrace inclusion, and ensure equal rights,’ said Justice Dipak Misra in his judgment.

‘The court is very clear the LGBT community is protected by equality, dignity, non-discrimination, freedom of expression, life and liberty’ Supreme Court lawyer Menaka Guruswamy said outside court on Thursday.

‘The court is very clear it is the full protection of the constitution’, she also said.

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