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Implications of the Puttaswamy judgem

LGBTQ rights
Gender | Jan 12, 2018 / by Surya Kiran Singh

Business and Finance

2 1 Culture
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Economics

John Locke in
Editorial
his book “The
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Treatise of
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content via
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Affairs
as he had
written that
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Gender
that the life,
liberty and the
estate of an Law

individual was
by natural Politics

law[1], a Also Read

Society
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Society
private
preserve. This Categories
Technology
advocates to
reduce
government Submit Your Article Search Log In | Sign Up

intervention
into the
private sphere The Political Economy of Cannabis
of an Consumption and Crackdown in
individual. America.
Privacy lets an Economics | Mar 30, 2019 / By Shatakshi Singh
individual have
control over
their life, so it
was argued to
be a
fundamental
right of a
human being
because
The Pulwama attack and the media
privacy
hype surrounding it
completes the
Politics | Mar 30, 2019 / By Gayatri Nagu
Right to Life of
an individual.
The Supreme
Business and Finance
Court in the
case of K
Culture
Puttaswamy v
Union of
Economics
India[2] the
right to
privacy as a Analyzing
Editorial the credibility of media
fundamental in the world of fake news.
right. The Environment
Politics | Mar 30, 2019 / By Kaustubh Dighe

judgement
also observed External Affairs

that the right

to privacy Gender

included
preservation Law
of personal Stability at the cost of human
intimacies and Politics
rights- Europe’s love affair with
sexual
Egypt
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Egypt
Society
orientation.
External Affairs | Mar 27, 2019 / By Mona Thakkar
The Categories
Technology
Puttaswamy
judgement has
ignited hope Submit Your Article Search Log In | Sign Up

among the
LGBTQ
Community as
the right to
privacy can let
Necessity of Water Governance in
them legally
lead their life.
South Asia
Environment | Mar 25, 2019 / By Sandeep Shajan
This article is
going to focus
on how the
Privacy
judgment will
influence the
laws in relation
to the LGBTQ
people.

Society has a
concept of
assigning
gender Business and Finance

because it
feels that it is Culture

one of the
ways through Economics
which society
can organize Editorial
us. It has lived
years with the Environment
male-female
binary External Affairs
because of
which our laws Gender
are made with
such male- Law
female
assumptions. Politics
Hence, the
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
concept of
self-identifying Categories
Technology
a gender is a
threat to the
way in which Submit Your Article Search Log In | Sign Up

the society
wants us to
exist and
hence we face
a lot of
resistance
even on a
slight
deviation from
such gender
binary.

The NALSA vs
Union of India
was a
milestone
judgement as
it had
explained the
concept of
self- Business and Finance

identification
in gender. It Culture

established
that a person Economics

can identify
himself to be Editorial
of a gender
which is out of Environment
the binary of
the Male- External Affairs
Female
gender. Gender
However, it is
still observed Law
that this self-
identification Politics
principle as
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
laid down by
the NALSA Categories
Technology
Judgement is
being violated.
Danish Sheikh Submit Your Article Search Log In | Sign Up

in his article
wrote that a
transgender
must show a
proof i.e a
medical sex-
change
operation,
before
changing his
sex in his
passport
(Shiekh 2017). 
The
Transgender
Bill 2016 has a
provision in
chapter which
gives a lot of
autonomy to a
Business and Finance
district
screening
Culture
committee as
it has the duty
Economics
of “certifying”
the gender
Editorial
identity of a
person. The
Puttaswamy Environment

judgement,
along with the External Affairs

NALSA
judgement, Gender

should
logically strike Law
such practices
because to Politics
have a gender
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
is to have a life
and a person’s Categories
Technology
right to
privacy gives
him absolute Submit Your Article Search Log In | Sign Up

protection by
preventing
anyone to
question the
validity of a
gender let
alone give
someone a
right to
“certify” the
gender which
a person
identifies.  

Public or
private sphere
if an individual
is
automatically
defined by
looking at how Business and Finance

such
individual’s Culture

action affects
the people Economics

who are
present in Editorial
such sphere. If,
a person acts Environment
in such a way
that it affects External Affairs
the terms of a
private realm, Gender
then such
action is said Law
to be affecting
a private Politics
sphere. Such
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
private realm
could be a Categories
Technology
family, the
person himself
etc. Submit Your Article Search Log In | Sign Up

Subsequently,
the public
sphere shall be
a one where a
person’s
action affects
the whole
society.

Section 377 of
IPC makes
consensual
carnal
intercourse (an
act usually
performed in
closed walls)
between
consenting
homosexuals,
punishable Business and Finance

with
imprisonment. Culture

Although this
law doesn’t Economics
punish a
person for Editorial
being a
homosexual, Environment
but it doesn’t
let the person External Affairs
live his life
with freedom. Gender
This section is
criticized as it Law
is directly
interfering into Politics
the private
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
sphere of
homosexuals. Categories
Technology
Puttaswamy
judgement
saw Right to Submit Your Article Search Log In | Sign Up

privacy as an
essential part
of right to life,
because ones’
right to life is
ensured only
when he is
guaranteed a
privacy in
living his own
life. To have a
sexual
orientation is
to lead a type
of life, which
one wishes to
live, hence the
Supreme Court
in Puttaswamy
judgement
Business and Finance
held that
privacy
Culture
includes
preserving
Economics
one’s personal
intimacies and
sexual Editorial

orientation.
Homosexuality Environment

can live
without any External Affairs

sanction only
when section Gender
377 is
decriminalized Law
as it prohibits
them from Politics
having sexual
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
intercourse
with each Categories
Technology
other.

The judgement Submit Your Article Search Log In | Sign Up

of Suresh
Kumar Koushal
v Union of
India has
resurrected
section 377 by
giving a
rationale that
less than 200
persons were
prosecuted
under section
377 in 150
years and
hence it is not
a valid ground
for deeming
the said
section as
discriminatory
as per article Business and Finance

14,15 and 21 of
the Culture

constitution of
India. The Economics
court in the
Puttaswamy Editorial
judgment
observed that Environment
the LGBTQ
Community External Affairs
inherit the
Right to life Gender
granted by the
constitution Law
and hence
they have Politics
privacy which
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
must be
protected. Categories
Technology
Hence the
argument in
Koushal Submit Your Article Search Log In | Sign Up

judgement
which
excludes the
right of LGBTQ
because of
their low
conviction rate
was
considered
wrong and
flawed.

If S.377 gets
decriminalized
and law shall
start to accept
other forms of
gender and
sexual
orientation,
then the laws Business and Finance

must be
changed Culture

accordingly.
For example, Economics
Section 375 of
IPC should Editorial
change
because right Environment
now it only
covers cases External Affairs
where man has
committed Gender
rape of a
woman. Today, Law
all the
customary Politics
laws relating
Society
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Society
to marriage
recognize Categories
Technology
marriages only
between
heterosexual Submit Your Article Search Log In | Sign Up

couples as it
has provision
only for the
“man and
wife”.

Right to
privacy is
making the
society accept
someone else’s
way of life by
telling them
that one has a
right to create
his own way of
living his life. It
also expects a
level of
tolerance, in
case we don’t Business and Finance

agree with
that type of Culture

life. If we
connect this Economics
with gender,
then privacy Editorial
can create a
society which Environment
doesn’t signify
any gender to External Affairs
a person on
his birth, as it Gender
would respect
such person’s Law
right to shape
his own life Politics
and it will let
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
him decide
how he Categories
Technology
identifies
himself. Hence,
a society Submit Your Article Search Log In | Sign Up

which will
preserve
someone else’s
gender
choices will
eventually not
be concerned
with gender at
all. This
evidently
means that
this
fundamental
right has the
potential to
create a
genderless
society, where
a boy will not
be shamed for
Business and Finance
“throwing like
a girl".[3]
Culture

The
Puttaswamy Economics

judgement is a
milestone Editorial
because it has
preserved the Environment
democracy of
this nation. External Affairs
Privacy is
going to give Gender
power to the
people to lead Law
their life in
their own way, Politics
which happens
Society
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Society
to be one of
the key Categories
Technology
purpose of
democracy.
With the Submit Your Article Search Log In | Sign Up

Supreme Court
reviewing
Section 377, it
should only be
a matter of
time that we
move an inch
forward to a
society which
forms a
gender
respecting
society.

REFERENCES

K Puttaswamy
v Union of
India WRIT
PETITION
(CIVIL) NO Business and Finance
494 OF 2012
Culture
Naz
Foundation v Economics
Government of
NCT of Delhi Editorial
WRIT
PETITION P(C) Environment
No.7455/2001

External Affairs
Suresh Kumar
Koushal & Anr
Gender
vs Naz
Foundation &
Law
Ors CIVIL
APPEAL
Politics
NO.10972  OF
2013
Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
National Legal
Service Categories
Technology
Authority vs
Union of India
& Ors WRIT Submit Your Article Search Log In | Sign Up

PETITION
(CIVIL)
NO.400 OF
2012

Shiekh, Danish.
2017. "Queer
Rights and The
Puttaswamy
Judgement."
Economic &
Political
Weekly.

Picture
Reference: htt
ps://i2.wp.com
/thewire.in/wp
-
content/uploa
ds/2017/08/37 Business and Finance
7-collage-
1.jpg? Culture
resize=1160%2
C524&ssl=1 Economics

[1] Natural law Editorial

is never given
by the state, it Environment
is
automatically External Affairs
acquired by
humans.
Gender

[2] WRIT
Law
PETITION
(CIVIL) NO
Politics
494 OF 2012

Society
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4/3/2019 Implications of the Puttaswamy judgement on LGBTQ rights - Young Bhartiya
Society
[3] This is the
tittle of an Categories
Technology
essay written
by Iris Young
on Gender. Submit Your Article Search Log In | Sign Up

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