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The Maharashtra police had arrested the five activists on August 28 in connection with an FIR lodged following a conclave.
Right to health at stake in struggle for equality amongst gender and sexual minorities: Supreme Court
Justice Nariman said the present definition of mental illness in parliamentary statute makes it clear that homosexuality is not considered a mental illness.
A bench headed by Chief Justice of India Dipak Misra and comprising Rohinton Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra pronounced the verdict.