The way of a judge with a constitution

Apparently, the Indian constitution is also alive and thrashing about in a socially liberal direction.

India’s Gay Rights Activists Seize Momentum After Landmark Ruling

If the parade atmosphere seemed even more buoyant than usual, it may have been because a major victory was in sight for gay rights in this country. 

In a landmark decision in August, India’s Supreme Court ruled that the country’s citizens had a constitutional right to privacy. 

In its judgment, the court made special note of the gay community, writing that “sexual orientation is an essential attribute of privacy.”

For lawyers building a case against a colonial-era law, known as Section 377, that criminalizes sex between men in India, the ruling was welcome news. 

And it has renewed some hope for the repeal of other repressive laws, including one requiring the “registration and control of eunuchs” and marital rape exceptions in the Indian Penal Code.