Nilanjana S Roy on SC's verdict on gay sex
December 11, 2013  22:21
Author Nilanjana S Roy on the Supreme Court's verdict: 

"If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of 'inclusiveness'. 

This court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. 

The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. 

Those perceived by the majority as "deviants' or 'different' are not on that score excluded or ostracised. Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non- discrimination. 

This was the 'spirit behind the Resolution' of which Nehru spoke so passionately. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. 

It cannot be forgotten that discrimination is anti- thesis of equality and that it is the recognition of equality which will foster the dignity of every individual." 

The 2009 high court judgement, such a stark contrast to today's 377 SC judgement.
« Back to LIVE

TOP STORIES