Human rights in India
Human rights in India is a hard issue in the nation.
Background
changeThe issues are caused by the country's large size and population. For other reasons, there are:
Laws
changeThe Constitution of India gives fundamental rights. This includes freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary[1][2] as well as bodies to look into issues of human rights.[3]
LGBT rights
change
Until the Delhi High Court allowed private sexual acts between consenting adults on 2 July 2009,[4] homosexuality was considered criminal as per interpretations of the ambiguous Section 377 of the 150-year-old Indian Penal Code (IPC). It was a law passed by the British colonial government. However, this law was very rarely enforced.[5]
Judges
changeIn its ruling to allow homosexuality, the Delhi High Court noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India, and such ban violates Articles 21, 14 and 15 of the Constitution.
2010s
changeOn 11 December 2013, homosexuality was again banned by a Supreme Court ruling.[6]
On 6 September 2018, a five judge constitutional bench of the Supreme Court of India, in a landmark judgement, allowed homosexuality.[7]
2020s
changeOn June 7, 2021, the Madras High Court ruled that it would take strict action against anyone found attempting to medically “cure” or change the sexual orientation of the LGBTQIA+ community to heterosexual. In its judgement, Justice N Anand Venkatesh also gave directives to educational institutions to sensitize students. Also, it instructed police and prison authorities to conduct programs that not just sensitized police personnel but also ensured non-discrimination of the LGBTQIA+ community.
References
change- ↑ "Hands off, supreme court tells govt, reaffirming its primacy in judicial appointments | Free Press Journal". Archived from the original on 27 December 2015. Retrieved 26 December 2015.
- ↑ "No Worry Till Judiciary's Independence is Maintained: Chief Justice of India". NDTV.com. Archived from the original on 12 August 2019. Retrieved 2019-06-17.
- ↑ "Act in Block Grant teachers' issue: NHRC to OHRC". dailypioneer.com. Archived from the original on 27 March 2019. Retrieved 2019-06-17.
- ↑ Mitta, Manoj; Singh, Smriti (3 July 2009). "India decriminalises gay sex". The Times of India. Archived from the original on 9 June 2013. Retrieved 1 July 2013.
- ↑ Letter to Indian Prime Minister Manmohan Singh On the arrest of four men on charges of homosexual conduct in Lucknow Archived 2 November 2008 at the Wayback Machine letter by Scott Long, director of Lesbian, Gay, Bisexual, and Transgender Rights Programme at Human Rights Watch
- ↑ SHYAMANTHA, ASOKAN (11 December 2013). "India's Supreme Court turns the clock back with gay sex ban". Reuters. Archived from the original on 16 December 2013. Retrieved 23 December 2013.
- ↑ Safi, Michael (2018-09-06). "Indian supreme court decriminalises homosexuality". the Guardian. Archived from the original on 6 September 2018. Retrieved 2018-09-06.