Sally Fitzgibbons Foundation

Beginning the Academic Essay

Introduction\
In case of india the concept of hatred or rejection of sexual identities other than hetero sexuality is learned and rather recently aquirred if we take in consideration the many ancient civilization and periods starting form vedic age. The codification of a statue which penalizes the sexual conduct among homosexual people is not long before 19th century when lord maucalay started the task of forming a uniform penal code namely Indian penal code (IPC) 1864. The recent judgement given by five judges bench court overrides the narrow viewpoint taken in suresh kaushal v uoi and decriminalizes section 377 of the ipc which criminalizes sexual conduct between homosexual people. Bench in suresh kaushal had errounously reversed the the judgement given in NAZ foundation. The interesting point is that it was not the single minister or representative of union of india who filed the appeal but various people belonging to religious instuitons, whom it offended the most in this essay my focus is to summarise the four judgements given by 5 judges in uninanimity,
Dipak Mishra CJI (for himself and AM khanilkar,J)
in Suresh Koushal, on the majoritarian grounds saying that LGBT community consists only a miniscule fraction of population, decision in naz foundation was overturned legitimizing the constitutionality of 377) and that the mere fact that the said Section was being misused is not a reflection of the vires of the Section. Such narrowheaded view was put under scrutiny of human rights like right to privacy right to dinity etc. the judgment is neatly divided into … parts showing the significance of different arguments to cunter the bigotry and misconceptions involved against homesexuality
progressive interpretation of Indian constitution
constitution is not a rigid set of principles which was drafted in 1950 and no matter what changes go through it is gonna remain stagnant. It is indeed a dynamic concept in the form of guiding tenets and substantive rights as well the rights defined under will have to be seen in the light of the ideology backing it and not just reading it in isoaltion. In fct it is more of an unwritten oblif=gation upon court always to protect minority or weaker section of society against the majoritarian egoism
transformative constutuionalism dissuade dicrimianton
According to transformative constitutionalism, to bestow upon people adequate oppurtunies to have a social ecommical and political wholesome rights not only recognition of the rights and duties are important but also to promote fostering and development of such environment where opportunities can exist which includes refrainment from discrimination of unreasonable kind.
Constitutional morality vs social morality
Constitutional morality is the pluralistic and egalitarinaian attitutde where none is discriminated againstand all are given equal status in the eyes of law while social morality varies from society to society even thoug living under same constution. For a fundamentalist muslim control of the sexuality of the women is morality while for a liberal it is seen oppressive. However social morality disseminates from a majoritarian outlook which generally look down upon the the conduct different from what thy practice it is the former protected by Rule of Law
Protecting right to live with dignity
Right to live with dignity has ben recogznized at international forum like UDHR and IC?. If person is not leading a life with ignity it is impossible for him to even make right choice for himself let alone be happy. Only when the dignity of an individual is respected and protected can one speak of the dignityof society as body of individual after individual recognizes that his dignity is protected not just in the private arena but also at the public sphere.discrimantion based on sexual orientation is detriment to individuality. Sexual orientation is a natural biological inherent pehenomenon controlled by neurological and biological factors. A person has little control over sexual attraction. Exercising ones sexual orientation is part of the freedom of expression which is protect under rule of law

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