I must say that it is a sad day for social justice, equality and human rights in my country. Millions of Indians belonging to the LGBT community were legal since 2009 and suddenly today, they became illegal again.
The decision is a contradiction to democratic rights because Section 377 violates the following: the Fundamental Right to Equality (Article 14 of the Constitution), the Fundamental Right against Discrimination (Article 15), the Fundamental Right to Life (Article 21), since that also includes a right to health and it was preventing HIV/AIDS work.
We regret that the bench has betrayed the Supreme Court’s track record in expanding rights for all. Naz India (an NGO that works on HIV/AIDS and sexual health) joins a shameful list of cases where SC has removed rights given by a lower court. Even SC judges have said the two following cases are a blot on the SC’s track record - ADM Jabalpur vs SS Shukla (suspended Habeas Corpus during Emergency) and Gian Kaur vs State of Punjab (makes attempt to commit suicide a crime) - and Naz India will be too.
The fight for justice is never easy and I don’t believe in giving up. Hope keeps the world alive. We will file a review petition asking the SC to look at the decision again and in view of its importance to consider letting it be heard by a larger bench. We hope the government and SC will take note of the outrage in the country and across the world at this negative decision. Primarily, my heart aches for LGBTs. However, I know that the rainbow will rise again!” - Celina Jaitly, actress
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