{"id":52126,"date":"2019-09-12T10:52:30","date_gmt":"2019-09-12T05:22:30","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=52126"},"modified":"2019-09-12T10:52:39","modified_gmt":"2019-09-12T05:22:39","slug":"answered-the-supreme-courts-decision-in-navtej-johar-v-union-of-india-has-laid-the-ground-for-stronger-equality-recognition-comment","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-the-supreme-courts-decision-in-navtej-johar-v-union-of-india-has-laid-the-ground-for-stronger-equality-recognition-comment\/","title":{"rendered":"[Answered] \u201cThe Supreme Court\u2019s decision in Navtej Johar v. Union of India has laid the ground for stronger equality recognition.\u201d Comment."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>How the judgement would lead to equality?
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

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.<\/p>\n\n\n\n

How the judgement would lead\nto equality?<\/strong><\/p>\n\n\n\n

  1. Section 377 affected a disadvantaged group with\nrespect to a matter that affected personal autonomy. The judgement mark a\nsignificant shift in the approach to Article 14 and would lead to equality as\nmentioned under Article 14.<\/li>
  2. Moving away from a narrow equality definition\nbased on race, religion, place, sex etc as enshrined in Article 15, the\njudgement expanded the scope of equality.<\/li>
  3. The judgement expanded the definition of sex\nunder Article 15 and 16. The discrimination on the ground of sex under Articles\n15 and 16, therefore, includes discrimination on the ground of gender identity.\n<\/li>
  4. The aforesaid judgment, lays focus on gender\nidentity and correctly connects with human rights and the constitutionally\nguaranteed right to life and liberty with dignity. It lays stress on the\njudicial recognition of such rights as an component of Article 21 of the\nConstitution and decries any discrimination as that would offend Article 14, of\nour Constitution.<\/li>
  5. The judgement linked the constitutions\u2019 equal\nprotection and non-discrimination clauses to advance an alternative\njurisprudence founded in ideas of inclusion, dignity, autonomy and remedying\nstructural disadvantage.<\/li>
  6. It would help in undoing the wrongs done so far,\nso as to make the way for a progressive and inclusive realisation of social and\neconomic rights of all individuals.<\/li>
  7. It would help in ensuring equal rights and opportunities\nfor the less than equal sections of the society.<\/li>
  8. It would help in reducing perceptions,\nstereotypes and prejudices deeply ingrained in the societal mindset so as to\nusher in inclusivity in all spheres and empower all citizens without any kind\nof alienation and discrimination.<\/li>
  9. Sexual minorities in India are one step closer\nto living with dignity. Discrimination faced by them in accessing health and\ntheir harassment by Police will cease.<\/li>
  10. This judgement will spur LGBTQ Community to\ndemand more progressive laws like Gay marriage laws, right to form\npartnerships, inheritance, employment equality, protection from\ngender-identity-based discrimination among others.<\/li><\/ol>\n\n\n\n

    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.<\/p>\n","protected":false},"excerpt":{"rendered":"

    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… Continue reading [Answered] \u201cThe Supreme Court\u2019s decision in Navtej Johar v. Union of India has laid the ground for stronger equality recognition.\u201d Comment.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-52126","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=52126"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52126\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=52126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}