It wasn't merely enough that the Supreme Court of India, in 2018, decided to advocate for gay rights in the most constitutional of ways. It needed a statement to be made. One of great pith and presence. In reading some of the statements made by Chief Justice Dipak Misra, Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra were incredible laudable and, if we may say so, extremely progressive.
Here are 10 statements from the judges that should make all of us have renewed respect in the judiciary:
Denial of self-expression is akin to inviting death.
History owes an apology to LGBT persons for ostracisation, discrimination
Homosexuality is not a mental disorder. It is a completely natural condition.
Society cannot dictate a sexual relationship between consenting adults as it a private affair.
Denial of the right to sexual orientation is akin to denial of the right to privacy. The Section 377 of IPC is violative of Right to live with dignity
Members of the LGBTQ community have Constitutional rights like that of other citizens
Government, media must give wider publicity to SC judgment so that LGBTQ community doesn't face discrimination
So far as consensual 'unnatural' sexual act in private is concerned, it is neither harmful nor contagious to society.
Sexual orientation is a biological phenomenon and any discrimination on this grounds is violative of fundamental rights.
Section 377 of IPC was a weapon to harass members of LGBT community, resulting in discrimination.