Justice Beyond Prejudice: Need Of Awakening Before It Gets Too Late
3 years, 10 months ago

Justice Beyond Prejudice: Need Of Awakening Before It Gets Too Late

Live Law  

"There is nothing more frightful than ignorance in action" - Johann Wolfgang von Goethe. Accordingly, appreciating a need of documenting, "discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity", the United Nations General Assembly requested the United Nations High Commissioner for Human Rights to conduct a study in the said direction in the year 2011. Subsequently, based on a request made by the Human Rights Council, vide its resolution 27/32, the High Commission submitted an updated report on May 4, 2015, inter alia, professing a need of review of criminal law, "to remove offences relating to consensual same sex conduct and other offences used to arrest and punish persons on the basis of their sexual orientation and gender identity or expression." This entire exercise culminated with the adoption of a resolution by the Human Rights Council on July 15, 2016, thereby; deprecating the acts of violence and discrimination committed against individuals based on their sexual orientation or gender identity; appointing an Independent Expert; calling upon all States/ member states to cooperate with the Independent Expert in the discharge of its mandate; etc. However, regrettably, the country recoiled where, initially, the said pronouncement of the High Court did not find favour of the India's Apex Court, inter alia, under an observation that the said penal law could not be struck down by Court, "merely by virtue of its falling into disuse or the perception of the society having changed as regards the legitimacy of its purpose and its need".

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History of this topic

Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness
1 year, 5 months ago

Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the Indianness of homosexuality and gender queerness

The Hindu  

Though the Supreme Court has refused to legalise same-sex marriage, the Constitution Bench judgment is a formidable step to silence hostile voices who claim that homosexuality and gender queerness are un-Indian. “It is not queerness which is of foreign origin but the many shades of prejudice in India which are remnants of a colonial past,” Chief Justice of India D.Y. …

Same-sex marriage verdict: What are Supreme Court’s orders for Centre, states, police?
1 year, 5 months ago

Same-sex marriage verdict: What are Supreme Court’s orders for Centre, states, police?

Firstpost  

Highlighting that queerness is not an ‘urban or elitist concept’, CJI DY Chandrachud asked the Centre, states and UTs to ensure the queer community is not discriminated against because of their identity. A five-judge Constitution bench of the apex court on Tuesday rejected the petitions seeking marriage equality in a 3:2 verdict, with the dissenting judges saying that the right …

LGBTQIA+ Rights In India: Struggles, Progress, And The Road Ahead
1 year, 6 months ago

LGBTQIA+ Rights In India: Struggles, Progress, And The Road Ahead

Live Law  

Article 15 of the Indian Constitution stands as a beacon of hope, vowing equality and protection against discrimination on diverse grounds, including sex. Despite India's rich shade of gender and sexual diversity, the draconian grip of colonial- era Section 377 cast a shadow, stifling genuine expression The struggles of the LGBTQIA community are multifaceted, encompassing social ostracism, exclusion from introductory …

Gender Specific Laws Not "Anti-Opposite Gender", Only Meant To Address Unique Issues Faced By A Particular Gender: Delhi High Court
1 year, 6 months ago

Gender Specific Laws Not "Anti-Opposite Gender", Only Meant To Address Unique Issues Faced By A Particular Gender: Delhi High Court

Live Law  

In an attempt to strike a “neutral chord”, the Delhi High Court has explained how courts should deal with “gender-specific laws” and remain “gender neutral”, while emphasizing that the approach should not be biased towards a particular gender in such cases. To repeat, it is crucial to recognize that gender-specific laws are not meant to be "anti-opposite gender" but rather …

Same sex marriage: Govt cites ‘dignity, culture’ in opposing legalisation
1 year, 11 months ago

Same sex marriage: Govt cites ‘dignity, culture’ in opposing legalisation

Live Mint  

As, India patiently waits for a decision, the historic hearing for legalising same-sex marriage in India in the Supreme Court concluded it's second day. The Supreme Court on the second day of the hearing was urged by the Indian government to use it's ‘plenary powers, prestige and moral authority' in taking a decision on legalising same-sex marriage. Here are 10 …

Same-sex marriage: Will India become 2nd Asian nation to recognise it
2 years ago

Same-sex marriage: Will India become 2nd Asian nation to recognise it

Live Mint  

LGBTQ rights in India have expanded in recent years and, if the current case in Supreme Court goes in favour of the petitioners then the country will become only the second Asian jurisdiction after Taiwan to recognise same-sex unions. Last year, the Supreme Court offered a hint at how the case might go, expanding the definition of a family to …

Same-sex marriages | Supreme Court to hear pleas seeking legal validation on March 13, 2023
2 years ago

Same-sex marriages | Supreme Court to hear pleas seeking legal validation on March 13, 2023

The Hindu  

The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages on Monday. On January 3, the apex court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court. On December 14 last year, the …

MNLU Mumbai: Colloquium On ‘Gender Justice & Human Rights: Deciphering The Social And Legal Implications Of Same Sex Marriage In India’ [18th March]
2 years ago

MNLU Mumbai: Colloquium On ‘Gender Justice & Human Rights: Deciphering The Social And Legal Implications Of Same Sex Marriage In India’ [18th March]

Live Law  

About Maharashtra National law University MNLU Mumbai established under the Maharashtra National Law University Act 2014 on 20th March 2014, is one of the premier National Law Universities in India. Chandrachud, Supreme Court of India and the Chancellor, MNLU Mumbai, and Prof. Dilip Ukey, Vice Chancellor, MNLU Mumbai, the University has established CWCRGJ, inaugurated by Hon'ble Member of Parliament Mrs. …

SC agrees to examine plea seeking legal recognition of same-sex marriage
2 years, 4 months ago

SC agrees to examine plea seeking legal recognition of same-sex marriage

Deccan Chronicle  

NEW DELHI: The Supreme Court on Friday agreed to examine pleas seeking legal recognition of same-sex marriage under the Special Marriage Act as it issued notice to the Centre on the petition. The top court also noted that various pleas relating to same-sex marriage issues are being heard in various High Courts including Kerala and Delhi. Both the petitioners, who …

Four Years Of Navtej Singh Johar Judgment : The Road Ahead After De-criminalization Of Consensual Homosexuality
2 years, 6 months ago

Four Years Of Navtej Singh Johar Judgment : The Road Ahead After De-criminalization Of Consensual Homosexuality

Live Law  

Four years back, on this day a five-judge Bench of the Supreme Court unanimously struck down Section 377 of the Indian Penal Code, to the extent that it criminalised same-sex relations between consenting adults. A) Section 377 was partially struck down: The court declared that Section 377 of the Indian Penal Code, in so far as it criminalizes consensual sexual …

Amended Police Conduct Rules A 'Milestone', Glossary For Referring To LGBTQIA+ Persons To Be Followed By All Media/ Press: Madras HC
3 years, 1 month ago

Amended Police Conduct Rules A 'Milestone', Glossary For Referring To LGBTQIA+ Persons To Be Followed By All Media/ Press: Madras HC

Live Law  

Madras High Court has termed the recent amendment to TN Subordinate Police Officers' Conduct Rules,1964 by the inclusion of Rule 24-C, prohibiting police officers from harassing LGBTQIA+ persons, as a 'milestone' in the approach towards the persons belonging to the community.The High Court has also accepted the standardised guidelines/ prospective glossary submitted by the state government. Madras High Court has …

Transgenders To Be Included as Separate Gender Category in NCRB Reports: Centre Informs Delhi High Court
4 years, 3 months ago

Transgenders To Be Included as Separate Gender Category in NCRB Reports: Centre Informs Delhi High Court

Live Law  

The Centre today informed the Delhi High Court that transgenders shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau.The Additional Solicitor General Chetan Sharma submitted this before the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan hearing the petition.The Court was hearing a petition. The Centre …

PIL Filed in SC Seeking Equal Protection of Law to Transgenders in Sexual Offence Cases
4 years, 6 months ago

PIL Filed in SC Seeking Equal Protection of Law to Transgenders in Sexual Offence Cases

News 18  

New Delhi: A PIL has been filed in the Supreme Court for equal protection of law to people belonging to the third gender, alleging that there was no penal provision which protects them from offences of sexual assault. “In spite of declaring transgender people to be a ‘third gender’ by this court, there is no provision / section in the …

How Indian Police and Courts Ignored NALSA Instead of Ensuring Equal Rights for Transgender People
4 years, 7 months ago

How Indian Police and Courts Ignored NALSA Instead of Ensuring Equal Rights for Transgender People

News 18  

Editor?s note: This is part two of a three-part series analysing the effects of the NALSA judgment on the inclusion of the transgender community. It attempts to trace cases of note, decided by various High Courts in India, pursuant to the passing of exhaustive guidelines by the Apex Court in the NALSA judgment. Eventually, lawyers and activists had to move …

India’s Supreme Court rules adultery not a crime any more
6 years, 6 months ago

India’s Supreme Court rules adultery not a crime any more

Al Jazeera  

Women’s rights campaigners welcomed the ruling by Supreme Court which said law was discriminatory and unconstitutional. Significant that these rulings come during the most illiberal govt ever https://t.co/hVtUlpzxep — Prashant Bhushan September 27, 2018 “Adultery can be grounds for civil issues including dissolution of marriage but it cannot be a criminal offence … adultery might not be the cause of …

Navtej Singh Johar : A Progressive Verdict Which Discards Societal Prejudice
6 years, 6 months ago

Navtej Singh Johar : A Progressive Verdict Which Discards Societal Prejudice

Live Law  

For long, criminality, marginality and entrenched stigma were the attributes that defined LGBTs in India. The recent historic verdict of Supreme Court in Navtej Singh Johar v. Union of India has shown a progressive path by recognizing the dignity of LGBT community. Jeremy Waldron in his article “How Law Protect Human Dignity” ventured even to define this term “dignity”: “Dignity …

377: Need a real change in State, society norms
6 years, 6 months ago

377: Need a real change in State, society norms

Deccan Chronicle  

In Britain, “buggery” between consenting adults became legal in 1967. This is the physical act, defined by its antiseptic moniker “voluntary carnal intercourse against the order of nature”, which was excised from Section 377 of the Indian Penal Code, that dates back to 1860, by a five-member Constitution Bench of the Supreme Court last week. The next milestone was the …

Tale Of Three Judgments And Dethronement Of Sec. 377 IPC: When SC Called Its Own Views ‘Perverse’ And ‘Fallacious’
6 years, 6 months ago

Tale Of Three Judgments And Dethronement Of Sec. 377 IPC: When SC Called Its Own Views ‘Perverse’ And ‘Fallacious’

Live Law  

King Dasaratha wanted his son Rama to be made his successor. The Delhi High Court is only a mile away from the Supreme Court, but it took nine long years for the latter to reaffirm and reiterate what the former said about Section 377 IPC and rights of LGBT community in a judgment it had rendered in 2009. While reading …

India decriminalises gay sex: Another win for the Supreme Court
6 years, 6 months ago

India decriminalises gay sex: Another win for the Supreme Court

Al Jazeera  

As the government looked the other way, India’s Supreme Court was once again forced to right a historical wrong. India’s Supreme Court – arguably the world’s most activist court – has struck a blow for autonomy and equality by offering a “rainbow of hope” for LGBTIQ Indians. Chief Justice Misra’s opinion expresses a broad conception of the court’s power with …

High-risk groups may seek support after Supreme Court verdict on Section 377
6 years, 6 months ago

High-risk groups may seek support after Supreme Court verdict on Section 377

Hindustan Times  

The Union health ministry, which has previously backed decriminalising homosexuality and said Section 377 acted as an impediment in making high-risk groups such as men-having-sex-with-men come forward to access services, said on Thursday it is expecting a rise in the number of people seeking support. “From our earlier experience between 2009 and 2013, when homosexuality was decriminalised, more invisible people …

Supreme Court's verdict on Section 377 must spark further legal changes to end alienation of LGBT community
6 years, 6 months ago

Supreme Court's verdict on Section 377 must spark further legal changes to end alienation of LGBT community

Firstpost  

We are finally “azaad in azaad Hind” remarked Ashok Row Kavi, LGBTQIA+ activist. CJI Mishra and Justices Nariman, Chandrachud and Malhotra delivered separate, yet concurring judgments on Section 377 of the Indian Penal Code. No community, small or big, ought to live in fear and “history owes an apology to LGBT persons for ostracisation and persecution they faced because of …

India Joins 25 Nations Where Homosexuality Is Legal
6 years, 6 months ago

India Joins 25 Nations Where Homosexuality Is Legal

Live Law  

With the Supreme Court decriminalising gay sex, India joins 25 other countries where homosexuality is legal.However, 72 countries and territories worldwide still continue to criminalise same-sex relationships, including 45 in which such relationships between women are outlawed.In what is being hailed as a historic move, a five-judge constitution bench of the Supreme Court on Thursday. With the Supreme Court decriminalising …

Section 377: How India brought an end to the criminalisation of its LGBT+ community
6 years, 6 months ago

Section 377: How India brought an end to the criminalisation of its LGBT+ community

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Chief justice Dipak Misra said Section 377 of the …

Section 377 verdict: SC restores inclusiveness, liberates LGBTQ community from 'societal pariah and dereliction'
6 years, 6 months ago

Section 377 verdict: SC restores inclusiveness, liberates LGBTQ community from 'societal pariah and dereliction'

Firstpost  

While the 2009 judgment should be lauded for ensuring the ‘inclusiveness’, it is Thursday’s judgment by the highest court of the land that established individual liberty as the bulwark of democracy and made the widest possible interpretation of ‘morality’ and ‘freedom’. The SC judgment apart from safeguarding the rights of LGBTQ community also highlights the fact that Indian Constitution is …

Today, an ‘intolerant’ India emancipated the tolerant
6 years, 6 months ago

Today, an ‘intolerant’ India emancipated the tolerant

Op India  

377 has been read down. Indeed if one were to go by the media narrative that the BJP is the distillate of all regressive forces in India today, the very act of not opposing decriminalisation would count as the single most progressive and courageous stand taken on a social issue in modern history since Lyndon Johnson ended segregation. In short …

Section 377 Ruling: Pride Restored, Judiciary No More an Iron Cage
6 years, 6 months ago

Section 377 Ruling: Pride Restored, Judiciary No More an Iron Cage

The Quint  

The Supreme Court’s decision recognises that by giving the state the authority to control what Indian adults do, consensually, in their bedrooms, Section 377 violates the constitutional rights to dignity, privacy, and equality enshrined in Articles 14, 15, and 21, respectively. In 2013, the Supreme Court had overturned a liberal Delhi High Court ruling which struck down Section 377 in …

'Denial of self-expression is akin to inviting death': CJI Dipak Misra's key remarks in Section 377 judgment
6 years, 6 months ago

'Denial of self-expression is akin to inviting death': CJI Dipak Misra's key remarks in Section 377 judgment

Firstpost  

Terming Section 377 as “manifestly arbitrary” when it comes to consensual sex between adults, Chief Justice Dipak Misra, reading on behalf of himself and Justice AM Khanwilkar, said that sexual orientation is part of one’s Freedom of Self Expression and “denial of self expression is akin to inviting death” Chief Justice of India Dipak Misra made some insightful comments while …

This is the beginning of the end of prejudice: Supreme Court
6 years, 6 months ago

This is the beginning of the end of prejudice: Supreme Court

Live Mint  

New Delhi: The Supreme Court on Thursday decriminalized sexual relations between consenting homosexual adults in a historic judgement, thrusting diversity and pluralism into the centre stage of India’s public discourse. “Social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by individuals today and it is only when each and every individual is liberated …

India: gay sex decriminalized by top court in landmark ruling
6 years, 6 months ago

India: gay sex decriminalized by top court in landmark ruling

CNN  

New Delhi CNN — India’s Supreme Court has struck down a colonial-era law criminalizing consensual gay sex, overturning more than 150 years of anti-LGBT legislation. In its 2013 ruling, the Supreme Court said that only a “minuscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders” and it was therefore “legally unsustainable” to repeal the act. “Laws getting …

Section 377 verdict: SC to decide on pleas challenging constitutional validity of criminalisation of homosexuality today
6 years, 6 months ago

Section 377 verdict: SC to decide on pleas challenging constitutional validity of criminalisation of homosexuality today

India TV News  

The fate of legal status of homosexuality in India will be decided on Thursday, when the Supreme Court announces its verdict on a batch of petitions challenging the Constitutional validity of Section 377 of the Indian Penal Code that criminalises same sex relationships. Section 377 of the IPC states: “Whoever voluntarily has carnal inter­course against the order of nature with …

India's LGBTQ Activists Await Supreme Court Verdict On Same-Sex Intercourse Ban
6 years, 8 months ago

India's LGBTQ Activists Await Supreme Court Verdict On Same-Sex Intercourse Ban

NPR  

India's LGBTQ Activists Await Supreme Court Verdict On Same-Sex Intercourse Ban Enlarge this image toggle caption Arun Sankar/AFP/Getty Images Arun Sankar/AFP/Getty Images Editor's note: This story includes descriptions of sexual activity. Sponsor Message Enlarge this image toggle caption Furkan Latif Khan/NPR Furkan Latif Khan/NPR But in India, showing men how to use a condom for sex with other men can …

[Section 377] [Day-2, Session 2] ‘Sex’ Shall Be Interpreted As ‘Sexual Orientation’ For The Purpose Of Article 15 To Remove Discrimination Against LGBTQ Community: Anand Grover, Shyam Divan
6 years, 8 months ago

[Section 377] [Day-2, Session 2] ‘Sex’ Shall Be Interpreted As ‘Sexual Orientation’ For The Purpose Of Article 15 To Remove Discrimination Against LGBTQ Community: Anand Grover, Shyam Divan

Live Law  

As the hearing in the challenge to the constitutionality of section 377 of the IPC resumed post lunch, Advocate Maneka Guruswamy advanced that the provision could not be said to be a reasonable restriction for the purpose of Article 19.In this behalf, she cited the 2010 apex court judgment in S. Khushboo v. Kanniammal, where the freedom of speech and …

[Section 377] [Day-2, Session 2] ‘Sex’ Shall Be Interpreted As ‘Sexual Orientation’ For The Purpose Of Article 15 To Remove Discrimination Against LGBTQ Community: Anand Grover, Shyam Divan
6 years, 8 months ago

[Section 377] [Day-2, Session 2] ‘Sex’ Shall Be Interpreted As ‘Sexual Orientation’ For The Purpose Of Article 15 To Remove Discrimination Against LGBTQ Community: Anand Grover, Shyam Divan

Live Law  

As the hearing in the challenge to the constitutionality of section 377 of the IPC resumed post lunch, Advocate Maneka Guruswamy advanced that the provision could not be said to be a reasonable restriction for the purpose of Article 19.In this behalf, she cited the 2010 apex court judgment in S. Khushboo v. Kanniammal, where the freedom of speech and …

Sec 377 hearing: Courtroom debate on privacy and whether a pre-constitutional law represents our people
6 years, 8 months ago

Sec 377 hearing: Courtroom debate on privacy and whether a pre-constitutional law represents our people

Op India  

Having concluded the first of 10 very important hearings in the plea for scrapping Section 377 of the IPC, the Supreme Court had acknowledged its judgement in August 2017, calling the right to sexual orientation “the core of the fundamental rights.” Justice Chandrachud himself had reportedly stated that the right to privacy under article 21 of the Indian Constitution must …

Today is indeed a historic day in the long fight for the rights of the LGBT community
6 years, 8 months ago

Today is indeed a historic day in the long fight for the rights of the LGBT community

Op India  

On Tuesday, a bench consisting of Justice Rohinton Nariman, Justice Indu Malhotra, Justice AM Khanwilkar Justice DY Chandrachud and Chief Justice Dipak Misra began hearing a set of petitions, filed in order to challenge Section 377 of the Indian Penal Code. This section of the IPC is intended to combat “unnatural offences,” ensuring that “whoever voluntarily has carnal intercourse against …

SC to begin fresh hearing on LGBTQ's sexual rights on July 10
6 years, 8 months ago

SC to begin fresh hearing on LGBTQ's sexual rights on July 10

Deccan Chronicle  

New Delhi: The Supreme Court will from July 10 begin hearing appeals against a Delhi High Court verdict in 2013 that decriminalised 'any form of sex against the order of nature' which included gay sex. A five judge Constitution Bench headed by the Chief Justice Dipak Misra will hear a batch of petitions for a declaration that Section 377 IPC …

Section 377: What two recent SC judgments tell us about court's altered view on sexuality and privacy in India
7 years, 2 months ago

Section 377: What two recent SC judgments tell us about court's altered view on sexuality and privacy in India

Firstpost  

if Section 377 would have to survive the test of constitutionality, it would have to be found non-discriminatory on the grounds of sexual orientation. The court deals with the aspect of sexual orientation in the case in many parts though not directly addressing the issue of Section 377: At Paragraph 20 the Court holds: “Sexual orientation refers to an individual’s …

On Section 377: Question of equality
7 years, 2 months ago

On Section 377: Question of equality

The Hindu  

The time has come to undo the judicial wrong done to homosexual individuals in 2013, when the Supreme Court upheld the validity of Section 377 of the Indian Penal Code, which criminalises gay sex. A three-judge Bench has opened up an opportunity to reconsider that verdict, which came to the disturbing conclusion that the LGBT community was just a “minuscule …

Men’s Group Supports Plea Against Marital Rape; Delhi HC Allows Impleadment [Read Application]
7 years, 6 months ago

Men’s Group Supports Plea Against Marital Rape; Delhi HC Allows Impleadment [Read Application]

Live Law  

Displaying solidarity against marital rape, a men’s group has submitted its application in support of the Petitioners before the Delhi High Court, in the quest for criminalization of marital rape. They have been impleaded in the case.The Forum to Engage Men contends that setting aside the exception to Section 375 of the Indian Penal Code would amount to “sending a …

Take necessary steps to include Transgender/Third Gender option in UPSC Applications: Delhi HC [Read Order]
8 years, 6 months ago

Take necessary steps to include Transgender/Third Gender option in UPSC Applications: Delhi HC [Read Order]

Live Law  

Delhi High Court has directed the Union Public Service Commission to take necessary steps to include 'Transgender/Third Gender' as a gender option in the application form for the Civil Services Examination. The Bench comprising Chief Justice Rohini and Justice Sangita Dhingra Sehgal was hearing a Public Interest Litigation filed by Delhi High Court Lawyer Jamshed Ansari. It is also submitted …

Take necessary steps to include Transgender/Third Gender option in UPSC Applications: Delhi HC [Read Order]
8 years, 6 months ago

Take necessary steps to include Transgender/Third Gender option in UPSC Applications: Delhi HC [Read Order]

Live Law  

Delhi High Court has directed the Union Public Service Commission to take necessary steps to include 'Transgender/Third Gender' as a gender option in the application form for the Civil Services Examination. The Bench comprising Chief Justice Rohini and Justice Sangita Dhingra Sehgal was hearing a Public Interest Litigation filed by Delhi High Court Lawyer Jamshed Ansari. It is also submitted …

India abstains from voting on UN Independent Expert to check discrimination on sexual preferences
8 years, 8 months ago

India abstains from voting on UN Independent Expert to check discrimination on sexual preferences

Live Law  

India on Friday abstained from voting on the appointment of a United Nations watchdog against discrimination based on sexual preferences. The ongoing Supreme Court hearing against Section 377 of the Indian Penal Code, that criminalizes homosexual acts, was cited as the reason for avoiding taking a stand on the issue.“The issue of LGBT rights in India is a matter being …

India abstains from voting on UN Independent Expert to check discrimination on sexual preferences
8 years, 8 months ago

India abstains from voting on UN Independent Expert to check discrimination on sexual preferences

Live Law  

India on Friday abstained from voting on the appointment of a United Nations watchdog against discrimination based on sexual preferences. The ongoing Supreme Court hearing against Section 377 of the Indian Penal Code, that criminalizes homosexual acts, was cited as the reason for avoiding taking a stand on the issue.“The issue of LGBT rights in India is a matter being …

Centre to clarify in SC its stand on homosexuality
8 years, 8 months ago

Centre to clarify in SC its stand on homosexuality

The Hindu  

Union Law Minister D.V. Sadananda Gowda on Tuesday clarified that the government would make its stand known before the Supreme Court on Wednesday on the issue of decriminalising gay sex among consenting adults. We will place our arguments before the Supreme Court.” In February, the Supreme Court indicated that it would refer to a larger Bench a batch of petitions …

The Legal Solution India’s LGBT Community Should Seek
8 years, 11 months ago

The Legal Solution India’s LGBT Community Should Seek

The Quint  

Weak Arguments If the LGBT community has failed to get the desired order from the Supreme Court, they should not blame the judges but their legal pleadings in the apex court. Yet, the judgement of December 11, 2013, in the case of Suresh Kumar Kaushal vs Naz Foundation entertained no religious, regressive or narrow-minded arguments and was solely based on …

Section 377 violates the principle of non-discrimination, hope Supreme Court of India recognises that: UN expert
9 years ago

Section 377 violates the principle of non-discrimination, hope Supreme Court of India recognises that: UN expert

Firstpost  

UN expert Juan Mendez said on Wednesday he hopes that the Supreme Court of India makes an “enlightened” and “progressive” decision on Section 377. By Shreerupa Mitra-Jha The State has a responsibility for protecting the LGBTI community from violence, a UN expert said on Wednesday, adding that he hopes that the Supreme Court of India makes an “enlightened” and “progressive” …

Centre should consider recognizing LGBT community as a separate group for safeguarding their rights and must accord them special status: Madras HC
9 years, 1 month ago

Centre should consider recognizing LGBT community as a separate group for safeguarding their rights and must accord them special status: Madras HC

Live Law  

Providing its input on the existing debate on the rights of the LGBT community, the Madras High Court recently stated that the Centre must consider according LGBT community special status and recognizing them as a separate group for safeguarding their rights, including the right of privacy.“When more than 30 countries, including a conservative. Providing its input on the existing debate …

Rights of Sexual Minorities – A wake up call !
9 years, 5 months ago

Rights of Sexual Minorities – A wake up call !

Live Law  

“Justice is the end of Government. It ever has been & ever will be pursued, until it be obtained or until liberty be lost in the pursuit.” James MadisonIn a landmark judgment in Shivani Bhat v State of NCT of Delhi a single judge bench of Delhi High Court disposed off a petition. It ever has been & ever will …

Everyone has a fundamental right to be recognized in their chosen Gender: Delhi HC allows transgender student to return to US [Read Judgment]
9 years, 5 months ago

Everyone has a fundamental right to be recognized in their chosen Gender: Delhi HC allows transgender student to return to US [Read Judgment]

Live Law  

"Shivani is a brave-heart," observed Justice Siddharth Mridul, coming to the rescue of a 19 year old NRI transgender, who had approached the Court alleging that her parents had forcibly brought her to India and got her enrolled in an educational institution in Agra so that she could be reformed and taught to be a "normal girl". Delivering the judgment …

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