India Declares Freedom Of Sexual Orientation A Fundamental Right – HuffPost

Indias Supreme Court has given the countrys gay, lesbian, bisexual and trans community the freedom to safely express their sexual orientation. In a historic decision on Thursday, the nine-judge panel declared that an individuals sexual orientation is protected under the countrys Right to Privacylaw.

Sexual orientation is an essential attribute of privacy, the decision reads. 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 on an even platform.

Although the Supreme Court did not directly overturn any laws criminalizing same-sex relationships, the language of the court decision offers hope to the LGBTQ community. The judges expressly state sexual orientation falls under an individuals right to privacy, a constitutional right, and that no individual should be discriminated against based on their orientation.

Going forward, this can establish a precedent as organizations challenge discriminatory laws in court, and offer protection against discrimination in places such as the workforce.

This could even deliver a death blow to an oppressive and controversial law in the Indian Penal Code. Section 377 is a law that limits a citizens right to express their gender identity or sexual orientation in consensual relationships. In 2013, another panel of the Supreme Court upheld Section 377.

Indias traditional culture can make it difficult for people who are LGBTQ to be open about their orientation, but some are still challenging the countrys norms.Prince Manvendra Singh Gohil came out in 2006, making him the countrys first openly gay prince. Since then, he has been fighting for the Indian LGBTQ community.

Prince Manvendra started a grassroots campaign in 2014 called Free Gay India to campaign for LGBTQ rights. He has put a spotlight on the oppression as a guest on The Oprah Winfrey Show and was recently on an episode of Keeping Up With The Kardashians.

I knew that my coming out would definitely make a difference, the prince told the Kardashian family. When people found out about me, they set up a bonfire and burned my effigies in it.

There is still a pending court challenge to Section 377, but the language of Thursdays decision will make it hard to uphold again. The full text of the Supreme Courts decision can be read here.

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India Declares Freedom Of Sexual Orientation A Fundamental Right - HuffPost