On 24th August 2017, the Supreme Court delivered a landmark verdict. They said that the Right to Privacy is an intrinsic part of the Right to Life and Liberty under Article 21. While the judgment may have come in the context of security concerns over the Aadhaar Card, it comes as a blessing in disguise for those who want Section 377 repealed.
While delivering the Right to Privacy verdict, the SC articulated that even though just a small percentage of Indians belong to the LGBT community, not granting them their fundamental right is judiciously wrong. In a democratic Constitution, the rights of the LGBTQ community are as sacred as those given to any other citizen to protect his/her freedoms and liberties. “Equality” demands that the sexual orientation of each individual be protected and that privacy is important to a human’s self-worth. So as per this, Section 377 is not only demeaning to homosexuals but also an invasion of their fundamental rights.
As of today, a curative writ petition challenging Section 377 is still pending in the Supreme Court to be heard by a 5-judge Constitutional bench.
Fingers crossed WTD News will be able to share positive news with you on this front soon!