The battle to legalize Homosexuality begins in India. Chief Justice of India Deepak Mishra today said the lesbian, gay, bisexual, transgender (LGBT) community feels the stigma because of the criminality attached and once it is removed, homosexuals can be and stay together.

The Supreme Court, which is on the third day of a crucial hearing that will decide whether the 150-year-old ban on gay sex in India will continue, also explored the instances of homosexuality in nature. It is indicating that the ban may soon be gone, Justice Deepak Mishra said, “We intend to rule, subject to arguments, that two consenting adults even if engaged in ‘unnatural sex’ will not be liable for prosecution”. These are all arguments in order to legalize Homosexuality in the nation.

1. “Over the years, we have created an environment in the Indian society which has led to deep-rooted discrimination against people of same sex involved in a consensual relationship and this has impacted their mental health also,” the bench said on the third day of a crucial hearing to decide the constitutional validity of Section 377.
2. The court’s observation came as Advocate CU Singh, who is representing one of the petitioners, said the LGBT community continues to suffer mental problems because of the stigma. Just striking down the Section 377 will not serve the purpose, he said.
3. Justice Indu Malhotra, who is part of the five-judge constitution bench hearing the case, said, Prakriti (nature) and Vikriti (aberrations) exist together in nature and there are hundreds of species, which indulge in same-sex intercourse.”
4. Justice Malhotra also pointed out that lesbian, gay, bisexual, transgender (LGBT) people do not get proper medical care because of inhibitions in the medical community.
5. Yesterday, the government said it would leave the decision on gay sex ban to the five-judge constitution bench. The court would also decide whether the law, in relation to the gay community, is constitutionally valid.
6. Under Section 377 of the Indian Penal Code, sex against the order of nature draws a jail term and a fine. While prosecutions under it have been rare, activists say the police use the law to harass members of the LGBT community.
7. The five-judge bench that is examining the issue is headed by Chief Justice Deepak Mishra and has Justices R F Nariman, A M Khanwilkar, D. Y. Chandrachud and Indu Malhotra.
8. To government’s concerns that the court not looks into other aspects of Section 377 besides its link to gay sex, the court yesterday said, We will only decide on the challenge to Section 377 and what civil rights follow, will be decided later.
9. The court has said it would only examine the “correctness” of its verdict of 2013, which cancelled a Delhi High Court judgment that declared criminalizing gay sex between consenting adults was unconstitutional.
10. Five years later, in January this year, the top court decided to take a fresh look into the issue after a bunch of petitions calling for it piled up.

The battle to legalize Homosexuality in India is war in the society. Indian society would have a lot of resentment to this. We would hope the Supreme Court of India to take the correct decision that would. God created three genders so there is no need of the fourth gender in India.