India’s Supreme Court rules Freedom of Sexual Orientation as Fundamental Human Right

India’s Supreme Court rules Freedom of Sexual Orientation as Fundamental Human Right

India’s Supreme Court has ruled that Freedom of Sexual Orientation, which is also part of Right to Privacy, is a Fundamental Human Right intrinsic to Right to Life.

“Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution,” the 9-judge bench declared unanimously.

“Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected,” the ruling added.

According to Times of India, “the apex court’s judgement overruled previous judgments on the issue – an eight-judge bench judgment in the MP Sharma case and a six-judge bench judgment in Kharak Singh case, both of which had ruled that privacy is not a fundamental right”.

Brilliant, today's #RightToPrivacy verdict specifically, unambiguously affirms fundamental rights, dignity, equality of LGBT persons. pic.twitter.com/do2ErYyMxD

— Kavita Krishnan (@kavita_krishnan) August 24, 2017

The case was put forth after petitions were filed to challenge the government ordering the mandatory use of Aadhaar cards.

Here’s what Aadhaar cards are according to Times of India.

Soon, online and card transactions can be made by using the Aadhar app. People with their Aadhar linked to their bank accounts can transact by entering the 12-digit Unique Identification number instead of using their PIN or security code. The move is part of the plan to make India a cashless economy after the government scrapped the Rs 500 and Rs 1000 notes is being anchored by the Niti Aayog. Cash transactions are also going to be made expensive so that it is an incentive for people to use the digital medium. It also aims at making the entire transaction process hassle-free. The card serves as an identity and address proof for the citizens across the country. Brain-child of Infosys co-founder Nandan Nilekani, it was created to collect the biometric and demographic data of the residents of the country which could be accessed through a centralised database.