So ...

So - I was not sure that I'd live to see this day - so I guess, I need to be a lot more optimistic and expect more from life :)

I think the Delhi HC decision is a must read for anybody interested in the morality and legality of issues related to human dignity, human rights and all those wonderful things we all hope and pray for. May I quote a few striking passages:

"... it is clear that the constitutional protection of dignity requires us to
acknowledge the value and worth of all individuals as members of our society. It recognises a person as a free being who develops his or her body and mind as he or she sees fit. At the root of the dignity is the autonomy of the private will and a person's freedom of choice and of action. Human dignity rests on recognition of the physical and spiritual integrity of the human being, his or her humanity, and his value as a person, irrespective of the utility he can provide to others. The expression “dignity of the individual” finds specific mention in the Preamble to the Constitution of India. V.R. Krishna Iyer, J. observed that the guarantee of human dignity forms part of our constitutional culture ..." (para 26: WP(C)7455/2001)

" ... The right to privacy thus has been held to protect a “private space in which man may become and remain himself”. The ability to do so is exercised in accordance with individual autonomy. ... The privacy recognises that we all have a right to a sphere of private intimacy and autonomy which allows us to establish and nurture human relationships without interference from the outside community. The way in which one gives expression to one's sexuality is at the core of this area of private intimacy. " (para 41: WP(C)7455/2001)

and then comes the killer:

" ... For every individual, whether homosexual or not, the sense of gender and sexual orientation of the person are so embedded in the individual that the individual carries this aspect of his or her identity wherever he or she goes. A person cannot leave behind his sense of gender or sexual orientation at home. While recognising the unique worth of each person, the Constitution does not presuppose that a holder of rights is as an isolated, lonely and abstract figure possessing a disembodied and socially disconnected self. It acknowledges that people live in their bodies, their communities, their cultures, their places and their times. The expression of sexuality requires a partner, real or imagined. It is not for the state to choose or to arrange the choice of partner, but for the partners to choose themselves." (para 47: WP(C)7455/2001)

and strikingly on morality:

"Thus popular morality or public disapproval of certain acts is not a valid justification for restriction of the fundamental rights under Article 21. Popular morality, as distinct from a constitutional morality derived from constitutional values, is based on shifting and subjecting notions of right and wrong. If there is any type of “morality” that can pass the test of compelling state interest, it must be “constitutional” morality and not public morality. This aspect of constitutional morality was strongly insisted upon by Dr. Ambedkar in the Constituent Assembly." (para 79: WP(C)7455/2001) (please do read the specifics of Dr. Ambedkar's words)

"The Constitution of India recognises, protects and celebrates diversity. To stigmatise or to criminalise homosexuals only on account of their sexual orientation would be against the constitutional morality." (para 80: WP(C)7455/2001)

He bases his judgement on zillion cases from across the world and India (notably among then Roe v. Wade, Lawrence v. Texas, UNHRC reports) - very articulate - simply amazing. IPC 377 still holds in all matters involving minors and non-consensual sex. (It may be a bit troubling, but 377 is apparently the only law on the books protecting minors!)

So I will raise a toast to the author(s) of this judgment and the clarity of thought and intellect that went into writing this document! So here's to Chief Justice S. Muralidhar and the Delhi HC.

Having afforded ourselves that brief moment of joy - may I point out the following:

1. There is that nagging voice at the back of my head saying something about counting our eggs before .... or was it something about chickens .... never mind!

2. On a related note - I took a screen shot of the TOI web page (as of 9:30pm, US-EST). I think its important to put the afore-mentioned wonderfully written decision in the context of other relevant privacy issues. Look closely at the article about the investigation into Muslim boy- Hindu girl marriages as there may be a conspiracy afoot, the assurance that "gayness does not spread like the flu" and even as the "swine flu" claims its first victim, "US stocks plunge on dismal job figures" ... and so life goes on!


Just saying ....

Raising a glass to the victories and joys of the day - while hoping to see many many more such victories in our lives, and in the lives of beleaguered brethren of all sorts and stripes!