Supreme Court Backs LGBT Rights

The Supreme Court while upholding the right to privacy has voiced support for the rights of the LGBT community even though homosexuality is a crime in India.

The apex court indicated in its judgement that right to privacy is valid even in the context of Section 377 of the Indian Penal Code that criminalises homosexuality. The court brought up the 2013 Koushal judgement in which the top court had refused to strike down Section 377, making homosexuality a crime punishable with a life term.

The view in the Koushal case that the high court had erroneously relied upon international precedents “in its anxiety to protect the so-called rights of LGBT persons” to de-criminalise homosexuality is, “in our view, unsustainable”, Justice DY Chandrachud, part of the nine-judge bench that was hearing the right to privacy matter, said in his separate judgement.

The rights of the LGBT community are not “so-called” but are real rights founded on sound Constitutional doctrine,” Justice Chandrachud's judgement elaborated.

Chief Justice of India JS Khehar and three other judges on the bench agreed with the view in their respective judgements.

In 2013, a two-judge bench of the Supreme Court had turned the clock back on the fight for gay rights when it said that homosexuality or what was called unnatural sex between two consenting adults under Section 377 of the IPC is illegal and will continue to be an offence.

The top court had, in effect, set aside a Delhi High Court judgment that had decriminalised homosexuality. A petition filed by Naz Foundation against the 2013 judgment is still pending before the top court.

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