New Delji, Sep 6 (Agencies): Homosexuality is not a crime. LGBT community has the same rights like other members of society. Sustenance of identity is the pyramid of life, observed CJI Dipak Misra here on Seotember 6 delivering verdict of Section 377.

"No one can escape from their individualism. Society is now better for individualism. In the present case, our deliberations will be on various spectrums," ruled Supreme Court.

The issue of section 377 was first raised by an NGO, Naaz Foundation, which had in 2001 approached the Delhi High Court that had decriminalised sex between consenting adults of the same gender by holding the penal provision "illegal".

Although the Delhi High Court had struck down the provision in 2009, it was revived by the Supreme Court in 2013 in a widely criticised judgment by a Division Bench of Justice G S Singhvi and Justice S J Mukhopadhyaya. However, the issue resurrected in July 2016, when a fresh petition filed.

The five-judge bench on July 10 had made it clear that it was not going into the curative petitions and would adjudicate on fresh writ petitions in the matter.

"Social stigma will go if criminality of gay sex under Section 377 goes. Once the criminality (under section 377) goes, then everything will go (all the bars, social stigma and others)," said the bench headed by CJI Deepak Misra, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

Observing that an environment has been created in the Indian society over the years that has led to deep-rooted discrimination against the community, the bench had said discrimination against such people has also adversely impacted their mental health.

The writ petitions were opposed by the Apostolic Alliance of Churches, Utkal Christian Association and some other NGOs and individuals including Suresh Kumar Kaushal who had also challenged the 2009 verdict of the high court in the apex court.

LGBTQ (lesbian, gay, bisexual, transgender and queer) community faced the stigma because of the criminality attached to consensual same-sex relationship, the bench had said.

The Central government had left it to the apex court to test the constitutional validity of section 377 of the IPC which criminalises "consensual acts of adults in private", urging that issues like gay marriages, adoption and ancillary civil rights of LGBTQ should not be dealt by it.

Taking note of the Centre's submission that other issues like gay marriages, adoption and ancillary civil rights of LGBTQ community should not be dealt, the court said it was not considering all these issues.