The Supreme Court declaring privacy as a fundamental right for all Indians on Thursday has raised hope among the gay and LGBT communities.
The top court’s verdict has spinned off the section 377 — a law that criminalises unnatural sex.
The Supreme Court also held that the privacy and protection of sexual orientation lie at the core of the fundamental rights under Articles 14, 15 and 21 of the Constitution.
Court said, “Right of privacy cannot be denied even if a miniscule fraction of population is affected.”
Justice DY Chandrachud, who was part of the nine-judge bench that pronounced the verdict, elaborating on the concept of privacy said in this judgement, “Privacy included at its core the preservation of personal intimacies, the sanctity of family life, marriage. Procreation, the home and sexual orientation.. Privacy also connotes a right to be left alone.”
The Supreme Court also said: “It is an individual’s choice as to who enters his house, how he lives and in what relationship. The privacy of the home must protect the family, marriage, procreation and sexual orientation which are all important aspects of dignity.”