On 6th September 2018, the supreme court of India legalized consensual gay sex and LGBT India came out proud and free. However, on Monday, the supreme court dismissed the petition to enshrine civil rights to the LGBT community. The Navtej Singh Johar case was a landmark decision of the supreme court of India which legalized consensual gay sex, even homosexual sex among adults in private. Although India has legalized consensual gay sex it hasn’t yet given a go for LGBT marriage, adoption, surrogacy, and other various rights.
A petition seeking to provide and protect the rights of the LGBT member. It sought to recognize their right to marriage, adoption surrogacy, and IVF. It also sought for them to openly serve in the army without any discrimination. The case was rejected by the court.
“We are not entitled to entertain this petition after the discussion of this court in Navtej Singh Johar v Union of India decided on September 6, 2018”, said the bench of judges.
The plea emphasized the community’s basic right and respect for privacy. It said that it was ‘immoral’ to deny them of their right to marriage as it is a private, harmless and consensual relationship. They argued that denying them of their rights causes psychological, social and emotional harm, it’s immoral compared to the imaginary harm to the society.
The plea pointed out to the fact that homosexuals are sometimes married to heterosexuals and this was violence to their dignity and gives people a chance to mistreat them. “It does violence to their dignity, gives other people excuse to ill-treat them, perpetuated social stigma”, it said.
While LGBT India has successfully come out proud and free, it still has a long way to go in enjoying its basic rights and expressing themselves.
By – Disha S. Pereira