Privacy contains at its core the preservation of personal intimacies, the sanctity of family existence, marriage, procreation, the house and sexual orientation," learn one a part of the recent nine-member bench Supreme Court (SC) ruling on the Right to Privacy. The final bit sent waves of jubilation among sections of the LGBTI community, which saw it as a ray of hope in its combat against Section 377. While some reportedly even went to the extent of saying that it's as excellent as restoring the Delhi HC order on Sec 377, homosexual rights activists Ashok Row Kavi warns against rejoicing too soon.
"The connection to the LGBTI movement is in fact within the Delhi High Court. Justice AP Shah had given an in depth and modern definition of privateness. If you follow here, the definition of privateness is constrained to what it means and no longer its have an effect on. In this judgment, it touches upon privateness being a core basic right and that an individual's house is his fort, etc. This, to me, is a lot of sizzling air," claims Ashok.
Considering that the Supreme Court had earlier overturned the Delhi High Court order striking down Sec 377, Ashok believes that what the nine-member bench must have stated is that there is no additional want for a bench to determine the constitutionality of this imperial legislation. "The Indian Penal Code (IPC) used to be charted by the British Colonial regime in 1869. Our Constitution came into being in 1952 and must have overwritten the IPC. There had been parts of the IPC that have been struck down, just like the Criminal Tribes Act, then why don't you Sec 377? Why has this nine-member bench no longer overruled Justice Singhvi's 2013 order that overturned the HC ruling?" asks Ashok.
"The connection to the LGBTI movement is in fact within the Delhi High Court. Justice AP Shah had given an in depth and modern definition of privateness. If you follow here, the definition of privateness is constrained to what it means and no longer its have an effect on. In this judgment, it touches upon privateness being a core basic right and that an individual's house is his fort, etc. This, to me, is a lot of sizzling air," claims Ashok.
Considering that the Supreme Court had earlier overturned the Delhi High Court order striking down Sec 377, Ashok believes that what the nine-member bench must have stated is that there is no additional want for a bench to determine the constitutionality of this imperial legislation. "The Indian Penal Code (IPC) used to be charted by the British Colonial regime in 1869. Our Constitution came into being in 1952 and must have overwritten the IPC. There had been parts of the IPC that have been struck down, just like the Criminal Tribes Act, then why don't you Sec 377? Why has this nine-member bench no longer overruled Justice Singhvi's 2013 order that overturned the HC ruling?" asks Ashok.
A true win for the LGBTI community will be when the Delhi HC ruling on Sec 377 is reinstated
![A true win for the LGBTI community will be when the Delhi HC ruling on Sec 377 is reinstated]()
Reviewed by Kailash
on
October 24, 2017
Rating:
