Law update
Landmark LGBT rights decision
Indian High Court relies on declaration of principles on equality
The Delhi High Court, in its landmark decision decriminalising homosexuality, relied on concepts developed in the Declaration of Principles on Equality, launched by the Equal Rights Trust (ERT) in 2008. In its judgment, the court described the Declaration as representing 'current international understanding of Principles on Equality', and cited in full the Declaration's definitions of the "right to equality", "equal treatment" and "discrimination", in ruling that Section 377 of the Indian Penal Code was unconstitutional.
This case concerned a writ petition (a public interest action taken before the court) brought by an Indian NGO, NAZ Foundation, working with HIV/AIDS sufferers which argued that section 377 of the Indian Penal Code was unconstitutional. Section 377 entitled "Of Unnatural Offences" has effectively been interpreted as criminalising consensual sexual acts between persons of the same sex.
Responding to the Court's decision, ERT Executive Director Dimitrina Petrova said: "This is a great day for LGBT rights in India and across the world; it's a great day also for all those who value the fundamental notion of equality. "The Court, by relying upon the Declaration of Principles on Equality, has underlined the value which these legal principles can have for anyone challenging discrimination. "I am convinced that this judgment will resonate across other jurisdictions where forms of discrimination are still enshrined in national law. "I also hope that members of the judiciary in other countries will find the Declaration of Principles on Equality useful in interpreting the fundamental right to equality and the concept of discrimination."
Reflecting on the case, Anand Grover, Director of the Lawyers Collective HIV/AIDS in India, and Senior Advocate for NAZ, said: "A new era has dawned in India. As the judgment underscores it is dignity and inclusion that we have captured. The judgment is a lesson for other sectors; it will have repercussions in all parts of the world."
Source: Equal Rights Trust.
