Right to privacy judgment: SC says sexual orientation essential attribute of privacy and must be protected
The Supreme Court verdict said that the right to privacy is a fundamental right scored the hope of the gay and LGBT community that was hit by the same court when it criminalized sex between two consenting adults of the same sex and withdrew it from the Scope of application of Article 377.
In today’s trial, the apex court found that privacy protection basically preserves personal privacy and that sexual orientation is an essential attribute of privacy. The court held that the protection of identity and the protection of sexual orientation were covered by the fundamental rights established in articles 14, 15 and 21 of the Constitution.
“The purpose of elevating certain rights in the stature of fundamental rights is to isolate their major disdain for exercise, whether legislative or popular.
The guarantee of constitutional rights does not depend on its exercise favorably considered by the majority opinion “he told the court, adding that” Koushal’s purpose that some processing is not an index Rape is wrong and can not be Accepted “.
The Supreme Court added that “discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-esteem of the individual.
Equality requires that the sexual orientation of every individual in society be protected on a uniform platform. The right to privacy and the protection of sexual orientation is at the heart of the fundamental rights guaranteed by articles 14, 15 and 21 of the Constitution. ”
Although the Supreme Court in its earlier ruling adopted a majority opinion, the last ruling held that popular acceptance can not be the basis for the ignorance of rights.
The court reconsidered its earlier ruling in the case of the Suresh Kumar Vs. Naz to take advantage of his decision.
The case was decided in Delhi High Court and later filed before the Supreme Court of India. The Delhi High Court has ruled that article 377 of the Indian Penal Code (IPC), while penalizing sexual acts consented to by adults in private, was contrary to the fundamental rights guaranteed by articles 14 (equality before the law ) 15 (prohibition of discrimination based on religion, race, caste, sex or place of birth) and 21 (Protection of life and personal liberty) of the Constitution.
The Supreme Court stated that Article 377 continue to govern non-consensual penis sex, non-vaginal sex and non-minor penis involves vaginal.
The Supreme Court held that section 377 denied the dignity of an individual and criminalized his basic identity on the basis of his sexuality, adding that he also violated article 14 of homosexuals as a class.
“The scope of privacy allows individuals to develop human relationships without the interference of the outside or state community,” adding that “in the Constitution of India, the right to live with dignity and the right to privacy are recognized as The dimensions of Article 21 … “, said the High Court.