Lgbtq rights

greetings 

In September 2018, the Supreme Court partially struck down  Article 377 of IPC decriminalizing homos*xuality. The same-gender couple can cohabit legally.

 In the case of Naz Foundation Govt v NCT of Delhi, it was held that Section 377 of IPC imposed a restriction over two adults engaging in consensual intercourse in private. Hence it was violation of their fundamental rights under Articles 14,15,19 and 21 of the Indian Constitution.

In Navtej Singh Johar v Union of India the court held that Section 377 is unconstitutional as it infringes the fundamental rights of intimacy, autonomy and identity. and decriminalised homos*xuality by strucking down Section 377 to exclude consensual intercourse between adults of the same s*x.The court stated that the Section 377 is vague and it also curbs freedom of expressing one’s s*xual identity, ie. right to freedom of expression mentioned under Article 19 of the Indian constitution. It emphasized that discrimination on the basis of s*xual orientation is unconstitutional..lThe Supreme court also directed the government to create public awareness regarding LGBT rights and to eradicate the stigma surrounding  LGBT people. 

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