Would Legalise Homosexuality?
High court bench said that Indian Constitutional Law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual. It observed that the inclusiveness that the Indian society traditionally displayed in every aspect of life manifested in recognising a role in society for everyone. “Those perceived by the majority as deviants or different are not on that score excluded or ostracised,” the Chief Justice writing the judgement for the Bench, said. Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination, it said. “This was the spirit behind the resolution of which Jawaharlal Nehru spoke so passionately,” the Bench said referring to the Objective Resolution moved by him on Decemb
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