Universal Declaration Of Human Rights (UDHR)

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The Universal Declaration of Human Rights (UDHR) states that “All human beings are born free and equal in dignity and rights”. The right to equality and non-discrimination form the core principles of human rights, enshrined in the United Nations Charter, the UDHR and human rights treaties. The equality and non-discrimination guarantee provided by international human rights law shall apply to all people, regardless of sex, sexual orientation and gender identity (“Universal Declaration of Human Rights | United Nations”, 1948). Though LGBT rights have come a long way in recent years, many states continue to criminalize same-sex sexual contact. A research published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association
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The provisions of section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors. By ‘adult’ we mean everyone who is 18 years of age and above. A person below 18 would be presumed not to be able to consent to a sexual act. This clarification will hold till, of course, Parliament chooses to amend the law to effectuate the recommendation of the Law Commission of India in its 172nd Report which we believe removes a great deal of confusion. Secondly, we clarify that our judgment will not result in the re-opening of criminal cases involving Section 377 IPC that have already attained finality”(Naz Foundation v. Govt. of NCT of Delhi,…show more content…
This has caused a major setback to the universal human right to privacy, equality and non-discrimination. The Supreme Court judgment seemed to allow homophobia and personal ideological views to determine the interpretation of statutory law (Rao & Jacob, 2014). The ruling goes against India’s Constitution for an equal and indiscriminative society by violating the rights of privacy of a select group. Hence it is of high importance to take this matter up in the Parliament and efforts should be made to repeal this archaic

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