Acknowledging that the Constitution of India guarantees fundamental rights to its citizens and that these rights apply irrespective of gender identity, the Supreme Court of India held that Trans* individuals be recognized as a third gender in all areas where Gender identity matters.
By dismissing the review petitions against the Section 377 order, the Supreme Court has shown how selective it is in enforcing the rights of minorities. Here is a well written piece on the hypocritical attitude adopted by the Apex Court.
Siddharth Dube writes of his experience of being gay in India, of how the country is now more accommodative of differences in sexual orientation than it was three decades ago, and why the Supreme Court judgment on Section 377 came as a major disappointment.
The Indian government has filed a review petition with the Supreme Court against the prior verdict upholding Section 377 of the IPC’s constitutional validity.
The Government had earlier expressed disappointment at the verdict, calling it a regressive judgment that went against the founding principles of the country.
Looking at the nationwide, and worldwide, outrage at the Section 377 judgment, I have to wonder – did the two Supreme Court Justices know what they were doing?
In a move that’ll put India 4 years behind and criminalize sodomy with a term of life imprisonment, the Supreme Court of India set aside the Delhi High Court’s judgment of 2009 that decriminalized private consensual sex between adults.
India will now join the ranks of countries criminalizing sodomy and homosexuality. it will be 83rd such country to do so.