Demand of the question Introduction. Contextual Introduction. Body. How the judgement would lead to equality? Conclusion. Way forward. |
Navtej Singh Johar v. Union of India is a landmark decision of the Supreme Court of India that decriminalised all consensual sex among adults in private, including homosexual sex. It is an important step to empower people with right of choice, and inherent right to privacy and dignity with the freedom to live without fear. The ideals of individual autonomy and liberty, equality for all without discrimination of any kind, recognition of identity with dignity and privacy of human beings constitute the cardinal features of Indian Constitution which would be further by this decision.
How the judgement would lead to equality?
- Section 377 affected a disadvantaged group with respect to a matter that affected personal autonomy. The judgement mark a significant shift in the approach to Article 14 and would lead to equality as mentioned under Article 14.
- Moving away from a narrow equality definition based on race, religion, place, sex etc as enshrined in Article 15, the judgement expanded the scope of equality.
- The judgement expanded the definition of sex under Article 15 and 16. The discrimination on the ground of sex under Articles 15 and 16, therefore, includes discrimination on the ground of gender identity.
- The aforesaid judgment, lays focus on gender identity and correctly connects with human rights and the constitutionally guaranteed right to life and liberty with dignity. It lays stress on the judicial recognition of such rights as an component of Article 21 of the Constitution and decries any discrimination as that would offend Article 14, of our Constitution.
- The judgement linked the constitutions’ equal protection and non-discrimination clauses to advance an alternative jurisprudence founded in ideas of inclusion, dignity, autonomy and remedying structural disadvantage.
- It would help in undoing the wrongs done so far, so as to make the way for a progressive and inclusive realisation of social and economic rights of all individuals.
- It would help in ensuring equal rights and opportunities for the less than equal sections of the society.
- It would help in reducing perceptions, stereotypes and prejudices deeply ingrained in the societal mindset so as to usher in inclusivity in all spheres and empower all citizens without any kind of alienation and discrimination.
- Sexual minorities in India are one step closer to living with dignity. Discrimination faced by them in accessing health and their harassment by Police will cease.
- This judgement will spur LGBTQ Community to demand more progressive laws like Gay marriage laws, right to form partnerships, inheritance, employment equality, protection from gender-identity-based discrimination among others.
The Preamble of the Indian Constitution, promised to all the people of India justice, social, economic and political and equality of status, of opportunity, and before the law. The striking off of Section 377 of the Indian Penal Code (IPC) which were held violative of Fundamental Rights of LGBTQ Community has ushered a new era and broaden the prospects of equality and ideals of our constitution ensuring equal rights to all sections of the society.