377 verdict lays ground for minority rights to be protected against majoritarian will

15 Sep

In 2013, the Supreme Court of India upheld Section 377 of the Indian Penal Code that criminalised homosexuality, arguing that since only a “minuscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders” it was therefore “legally unsustainable” to repeal the act.

The right to sexuality is now widely recognised as a human right. For the Supreme Court to hold that such a right was to be denied to Indian citizens on the grounds that people who are lesbian, gay, bisexual or transgenders are a minority was sharply criticised at the time. On Thursday, however, the court made amends and, in a landmark judgment, decriminalised homosexuality.

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Posted by on September 15, 2018 in Asia



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