Today the Delhi High Court delivered its much awaited judgment on the legality of Article 377 of the IPC as it pertains to homosexuals. In line with previous opinions from the court, it maintained that criminalizing a private act between people where no person is harmed is beyond the jurisdiction of the state and violates the right to freedom that is guaranteed in the Indian Constitution.
Image Credit: Thushan Amarasiriwardena / LongJaunt.com
The judgment is a 105 page pdf and fully details all the arguments used by the NAZ Foundation in favor of repealing 377 as well as those of the Government who wanted to keep homosexuality in India illegal. Surprisingly for me, the entire document is in plain English and is quite easy to understand – not in “legalese” at all. It’s very wide in scope and examines issues of privacy, previous judgments (both from within India as well as from other countries) and counters each of the main points of the government (specifically the home ministry who at that time said it would “corrupt society”)
The Delhi HC said that just because there is social opposition to a move does not mean that the rights of individuals can be trampled upon. In doing so, it showcased the robustness of the Indian Democracy and sent a powerful message to those would want us to be ruled by the mob.