Friday, September 7, 2018

Dinesh Kamath's Editorial 'Everyone has the ‘Right to Love’' that was published in Newsband


Everyone has the ‘Right to Love’
The Supreme Court ruled on Section 377. The Supreme Court has come up with landmark judgment decriminalising gay sex. It is a reaffirmation of the right to love. In a 5-0 verdict, a Constitution Bench has corrected the flagrant judicial error
LGBTQ community’s recognised right to equal protection of the law has at last been upheld. There was nothing wrong in the law treating people having sex “against the order of nature” differently from those who abide by “nature”. It was up to Parliament to act if it wanted to change the law against unnatural sex. The court has upheld homosexuals’ right to have intimate relations with people of their choice, their inherent right to privacy and dignity and the freedom to live without fear.
Justice Indu Malhotra strikes a poignant note when she says history owes an apology to the LGBTQ community for the delay in providing the redress. This is a verdict that will, to borrow a phrase from Justice Chandrachud, help sexual minorities ‘confront the closet’ and realise their rights.
Stigma, oppression and prejudice against the community have to be eradicated, says CJ Dipak Misra. Bigoted and homophobic attitudes dehumanise transgenders by denying them their dignity, personhood and above all, their basic human rights. “It is the foremost duty of each one of us to stand up and speak up against the slightest form of discrimination against transgenders that we come across. Let us move from bigotry to tolerance,” the Chief Justice wrote.
“Transgenders have to progress from their narrow claustrophobic spaces of mere survival, hiding in there with their isolation and fears, to enjoying the richness of living,” Chief Justice Misra observed. The community should get equal opportunity in all walks of life, CJ further added.
Thus India is at last seeing the most beautiful rainbow in form of the decriminalization of Section 377 IPC after a long long fight against the storm of taboos and norms.

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