surya kiran
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Any discrimination on the basis of sexual orientation is violation of fundamental rights: Supreme Court
"Sexual orientation is one of many biological phenomena which are described as natural and inherent. They are considered part of freedom of expression. Constitutional morality urges the organs of the State including judiciary to protect heterogeneity and prevent imposition of popular perception on the minority. The fundamental rights of even a single individual cannot be infringed upon," the court read.
2013 SC order's logic of 'minuscule population' was flawed, says Constitutional Bench
Reading out the judgment, the Supreme Court struck down its previous judgment upholding the criminality clause. The court said, "Privacy is a fundamental right under the Puttaswamy case (Right to Privacy ruling)." The court also recognised that the logic that since LGBTQ community only forms a 'minuscule' part of the population is incorrect.
"Rights of the last man should also be preserved by the courts. Progressive interpretation of constitution and progressive realization of rights. The previous judgment was incorrect."
5 Points from Supreme Court judgment on Section 377
1) NALSA - Rights of LGBTQ community recognized including life with dignity. In the same vein, at the core of identity, lies the right to self-determination, CJI Misra said.
2) Justice Suresh Koushal had overturned the Naz foundation ruling byu the Delhi High Court on the grounds that LGBTQ is a miniscule part of the population and mere scope of abuse. Such a view is constitutionally impermissible
3) Opposing this view the CJI held that the role of courts are more important when rights affected are of a minority subject to historical discrimination.
4) Transformative Constitution - The Chief Justice says that the interpretation of the constitution should not be literal. It should reflect intent and purpose, in consonance with changing times.
5) Constitutional morality urges the organs of the State including judiciary to protect heterogeneity and prevent imposition of popular perception on the minority. The fundamental rights of even a single individual cannot be infringed upon
"Sexual orientation is one of many biological phenomena which are described as natural and inherent. They are considered part of freedom of expression. Constitutional morality urges the organs of the State including judiciary to protect heterogeneity and prevent imposition of popular perception on the minority. The fundamental rights of even a single individual cannot be infringed upon," the court read.
2013 SC order's logic of 'minuscule population' was flawed, says Constitutional Bench
Reading out the judgment, the Supreme Court struck down its previous judgment upholding the criminality clause. The court said, "Privacy is a fundamental right under the Puttaswamy case (Right to Privacy ruling)." The court also recognised that the logic that since LGBTQ community only forms a 'minuscule' part of the population is incorrect.
"Rights of the last man should also be preserved by the courts. Progressive interpretation of constitution and progressive realization of rights. The previous judgment was incorrect."
5 Points from Supreme Court judgment on Section 377
1) NALSA - Rights of LGBTQ community recognized including life with dignity. In the same vein, at the core of identity, lies the right to self-determination, CJI Misra said.
2) Justice Suresh Koushal had overturned the Naz foundation ruling byu the Delhi High Court on the grounds that LGBTQ is a miniscule part of the population and mere scope of abuse. Such a view is constitutionally impermissible
3) Opposing this view the CJI held that the role of courts are more important when rights affected are of a minority subject to historical discrimination.
4) Transformative Constitution - The Chief Justice says that the interpretation of the constitution should not be literal. It should reflect intent and purpose, in consonance with changing times.
5) Constitutional morality urges the organs of the State including judiciary to protect heterogeneity and prevent imposition of popular perception on the minority. The fundamental rights of even a single individual cannot be infringed upon
