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Justice Indu Malhotra while decriminalizing homosexuality also observed that the history owes an apology to the society for such a delay in providing redressal to the persons who have suffered since long. She further held that –
The Judge also highlighted the fact that due to such a provision, LGBT persons tend to stay ‘in the closet’. They are forced to hide themselves and thus, history owes an apology to such persons. During the judgment, she also overruled the judgment of Supreme Court in Suresh Kumar Koushal case
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