AID welcomes India’s Supreme Court decision to strike down Section 377 and decriminalize sex between consenting adults.
The Supreme Court has said: “The first step on the long path to acceptance of the diversity and variegated hues that nature has created has to be taken now by vanquishing the enemies of prejudice and injustice and undoing the wrongs done so as to make way for a progressive and inclusive realisation of social and economic rights embracing all and to begin a dialogue for ensuring equal rights and opportunities for the ―less than equal sections of the society.”
We would like to acknowledge the work of hundreds of activists who have been fighting for gender justice and equality for LGBTQIA+ community in the face of tremendous exclusion, hate and violence. This is a beginning step in rolling back the unjust socio-political arrangements to marginalize members of the community. We especially acknowledge the struggle for equality of transgender communities all over India whose lives are marked by social exclusion.
While many have led the charge vociferously, many others have suffered and worked silently to bring about a change in the collective conscience. Regardless of where we stand on the spectrum of gender and sexuality, we have to work towards attaining equal liberties, right to marry and adopt, right to mental and physical health, right to a career and education for all. We hope that when the judiciary has given this historic judgement, the legislature will continue to progress towards social justice by enacting anti-discrimination laws.
We are also heartened to read in the judgement, “Majoritarian views and popular morality cannot dictate constitutional rights” which also includes the protection of minority rights in face of popular majoritarian opinion.