The Apex Court in his ruling said on Thursday that, “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.”
The Supreme Court along with guaranteeing the right to privacy as a fundamental right has declared sexual orientation as an essential attribute of privacy. As a result, refloating the India’s Lesbian, Gay, Bisexual and Transgender community (LGBT), who are criminalised under a colonial-era law and battle everyday violence and bias.The Supreme Court today in its ruling said that homosexuality is a matter of privacy and in this regard Section 377 judgment needs to be set aside.
Justice Chandrachud said that the protection of sexual orientation lies at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution. With the current ruling which also makes Section 377 a matter of contention, the apex court’s earlier verdicts on the rights of the LGBTQ Indians are likely to be challenged.
Justice Chandrachud in his historic ruling on the right to privacy observed that privacy is an “intrinsic recognition of heterogeneity, of the right of the individual to be different and to stand against the tide of conformity in creating a zone of solitude.” Justice Chandrachud said that sexual orientation is an essential attribute of privacy and any type of discrimination against a section of individuals on the basis of their sexual orientation is deeply offensive to the dignity and self-worth of the individual.
“Equality demands that the sexual orientation of each individual in society must be protected on an even platform,” he said in the ruling.