Historic India ruling legalises gay sex
Surprised on one has posted on this. To me it seems like a really big deal. I believe that homosexuality is not endorsed in Hinduism or Islam so this seems really a step in a secular direction for them.
Here is the link of the judgment. Its worth reading.
Full text of Supreme Court's verdict on Section 377 on September 6, 2018
This is direct quote,
The overarching ideals of
individual autonomy and liberty,
equality for all sans discrimination of any kind, recognition of identity
with dignity and privacy of human beings constitute the cardinal four
corners of our monumental Constitution forming the concrete
substratum of our fundamental rights that has eluded certain sections
of our society who are
still living in the bondage of dogmatic social
norms, prejudiced notions, rigid stereotypes, parochial mindset and
bigoted perceptions. Social exclusion, identity seclusion and isolation
from the social mainstream are still the stark realities faced by
individuals today and it is only when each and every individual is
liberated from the shackles of such bondage and is able to work
towards full development of his/her personality that we can call
ourselves a truly free society. The first step on the long path to
acceptance of the diversity and variegated hues that nature has
created has to be taken now by vanquishing the enemies of prejudice
and injustice and undoing the wrongs done so
as to make way for a
progressive and inclusive realisation of social and economic rights
embracing all and to begin a dialogue for ensuring equal rights and
opportunities for the ―less than equal‖ sections of the society. We
have to bid adieu to the perceptions, stereotypes and prejudices
deeply ingrained in the societal mindset so as to usher in inclusivity in
all spheres and empower all citizens alike without any kind of
alienation and discrimination.
The question that is required to be posed here is
whether sexual
orientation alone is to be protected or both orientation and choice are
to be accepted as long as the exercise of these rights by an individual
do not affect another‘s choice or, to put it succinctly, has the consent
of the other where dignity of both is maintained and privacy, as a
seminal facet of Article 21, is not dented. At the core of the concept of
identity lies self-determination, realization of one‘s own abilities
visualizing the opportunities and rejection of external views with a
clear conscience that is in accord with constitutional norms.
the Indian Constitution is a great
social document, almost revolutionary in its aim of
transforming
a medieval, hierarchical society into a modern, egalitarian democracy
and its provisions can be comprehended only by a spacious, social-
science approach, not by pedantic, traditional legalism. The whole
idea of having a Constitution is to guide the nation towards a
resplendent future. Therefore, the purpose of having a Constitution is
to transform the society for the better and this objective is the
fundamental pillar of transformative constitutionalism.
