I Am What I Am, So Take Me As I Am: Section 377 Verdict And The Way Forward
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DOI:
https://doi.org/10.55662/ALPPR.2018.301Keywords:
LGBTQIA+, Queer Rights, Section 377Abstract
The decision follows a protracted struggle by activists and members of the community against the repressive law, introduced in 1861 when India was under British rule. The controversy erupts after Kiran Bedi, inspector general of the Tihar jail in Delhi, refused to provide condoms for inmates, saying it would encourage homosexuality, besides admitting that inmates indulge in it. In response, AIDS Bhedbhav Virodhi Andolan (ABVA) files a writ petition in the Delhi high court, demanding that free condoms be provided and that section 377 be recognised as unconstitutional. Despite long-running efforts to mobilise support, the petition was eventually dismissed in 2001. In this recent verdict, the Supreme Court has taken a step forward to widen the ambit of individual autonomy and decisional privacy. Constitutional morality was differentiated from social or majoritarian morality and emphasis was put on constitutional morality. Fundamental right of an individual should not be violated for the sake of social morality. The Constitution lays it foundation on diversity and as long as constitutional morality is not hampered, it should protect the fundamental rights of every individual without any discrimination.
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