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Freedom Of Sexual Orientation Is Now A Fundamental Right In India

"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 Supreme Court.

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On August 24, The Supreme Court passed a judgement that privacy is a fundamental right for every Indian.

The case was put forth after petitions were filed to challenge the government ordering the mandatory use of Aadhaar cards. The Supreme Court released a statement saying: "Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution."

Furthermore, the judgement states: "The rights of lesbian, gay, bisexual and transgender population cannot be construed to be 'so-called rights'... Their rights are not 'so-called' but are real rights founded on sound constitutional doctrine."


To recap, here's what the Supreme Court just said to India's many, many LGBTQ citizens:

• Privacy is a fundamental right.

• Sexual orientation is an essential attribution of privacy.

• Discriminating against anyone based on sexual orientation is unconstitutional.

• Sexual orientation is a part of one's identity, and it is the government's job to protect all our identities.

There's a pending challenge to 377 in the Supreme Court, but today's ruling means it's BAAAAASICALLY gonna go away.

Sajjad Hussain / AFP / Getty Images

“If we just hold privacy as a fundamental right, Naz judgement may become vulnerable”, said Dr. D.Y. Chandrachud, one of the judges of today's verdict.


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Andre Borges is a social news reporter for BuzzFeed and is based in Mumbai.

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