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Choosing a partner is a person’s fundamental right
Why in the news ?
- Justice D.Y. Chandrachud during the hearing about decriminalization of homosexuality, said that the Choice of a partner is a person’s fundamental right, and it can be a same sex partner.
More on news
- A five-judge Constitutional bench of the Supreme Court on Tuesday started hearing a batch of petitions seeking decriminalization of homosexuality under Section 377 of the Indian Peal Code (IPC).
- Justice Chandrachud drew his observations from the March 2018 judgment in the Hadiya case, which held that neither the state nor one’s parents could influence an adult’s choice of partner. That would be a violation of the fundamental right to privacy.
- Chief Justice said the test was whether Section 377 stood in conformity with Articles 21 (right to life), 19 (right to liberty) and 14 (right to equality) of the Constitution.
- However, Justice Chandrachud said the court should not confine itself merely to a declaration whether Section 377 was constitutional or not. It could examine the wider concept of “sexuality” to include cohabitation etc.
- But Chief Justice Misra observed that the Bench should first decide the constitutionality of Section 377.
Government's Stand
- The senior Advocate Rohatgi noted that the 172nd Law Commission Report had recommended deletion of Section 377. But nothing had been done all these years.
- He said the government did not support Section 377. This was “clear as daylight” from the fact that it did not appeal in the Supreme Court against the historic Delhi High Court judgment of 2010 which had protected the LGBT community from Section 377.
- In fact, it was the Centre which filed the review petition against the apex court judgment of December 2013.
Source
The Hindu.