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Supreme Court ruling in India will lead to the end of gay sex ban

Congratulations India!

Supreme Court ruling in India will lead to the end of gay sex ban
ruth.pollard | Instagram
Delhi Queer Pride 2016: LGBTI people in India are calling for the repeal of Section 377

The Supreme Court in India has made a judgement that experts say will lead to the end of the gay sex ban.

Currently affecting a billion Indians, the colonial-era anti-homosexuality law currently bans any form of sex that is not a man and a woman in a missionary position.

But now, the highest court has ruled privacy is a fundamental right for every Indian.

Madurai Pride, India.

Madurai Pride, India.

The case was put forth after petitions were filed to challenge the government ordering the mandatory use of Aadhaar cards.

Aadhaar  is a 12 digit unique-identity number issued to all Indian residents based on their biometric and demographic data. Activists argued the program was a violation of the right to privacy.

And the Supreme Court agreed. ‘Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution.’

This judgement has implications for several other issues, including sexual rights and freedoms for LGBTI people.

The ruling states: ‘The rights of lesbian, gay, bisexual and transgender population cannot be construed to be “so-called rights”…

‘Their rights are not “so-called” but are real rights founded on sound constitutional doctrine.’

Justice Chandrachud made a statement on Section 377.

Supreme Court judge: ‘Sexual orientation is an essential attribute of privacy.’

‘Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual.

‘Equality demands that that the sexual orientation of each individual in society must be protected on an even platform.

‘The right to privacy and the protection of sexual orientation lies at the core of the fundamental rights guaranteed by Articles 14, 15, and 21 of the Constitution.’

In 2012 the Delhi High Court ruled to abolish Section 377 based on an argument of a privacy. That decision was overturned in the 2013 Supreme Court ruling.

Since then there have been numerous attempts to get it appealed.

In March, Federal Congress Member of Parliament Shashi Tharoor introduced a Bill and anti-discrimination bill into India’s parliament. If it is passed it would mean the end of 377 nationally.


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