In the ruling, the Court recognised the right to choose a life partner as a fundamental right. Equal protection demands protection of the identity of every individual without discrimination,” a concurring opinion by Justice DY Chandrachud stated.Ī three-judge Bench on the SC in March 2018 issued directives to prevent honour killings at the behest of khap panchayats and protect persons who marry without the approval of the panchayats. Sexual orientation is an essential component of identity. They constitute the essence of liberty and freedom. Their rights are not “so-called” but are real rights founded on sound constitutional doctrine. ![]() This is an inappropriate construction of the privacy based claims of the LGBT population. The expression “so-called” seems to suggest the exercise of a liberty in the garb of a right which is illusory. “The view in Koushal that the High Court had erroneously relied upon international precedents “in its anxiety to protect the so-called rights of LGBT persons” is…in our view, unsustainable. ![]() In doing so, the verdict overruled a “discordant note which directly bears upon the evolution of the constitutional jurisprudence on the right to privacy” - the 2013 ‘Suresh Koushal’ ruling. In 2017, a nine-judge Bench of the Supreme Court unanimously recognised the right to privacy as a fundamental right under the Constitution.
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