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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."
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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."

And people heaved sighs of relief and are ecstatic about the verdict.

While the focus was on Aadhaar, the judgment has implications for several other issues, including sexual rights and freedoms. Specifically, WE HAVE ALL OF THE SEXUAL RIGHTS AND FREEDOMS:

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."

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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.

“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.
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.

People are hoping that this verdict will help pave the way for righting wrongs from the past.

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Here are the nine judges on the bench who the country has to thank for the landmark verdict:

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Other perspectives on this story

Outside Your Bubble is a BuzzFeed News effort to bring you a diversity of thought and opinion from around the internet. If you don't see your viewpoint represented, contact the curator at bubble@buzzfeed.com. Click here for more on Outside Your Bubble.

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

Contact Andre Borges at andre.borges@buzzfeed.com.

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