Sexual Orientation and Gender Identity (SOGI) Rights with Ajita Banerjie: The Right to Love
By RightsViews Staff Writer Sydney Smith
On March 10 2022, SOGI rights researcher and activist Ajita Banerjie (she/they) spoke about the legacy of the landmark Supreme Court of India decision, Navtej Singh Johar v. Union of India. On September 6, 2018, in a unanimous decision by the court, Section 377 of the Indian Penal Code (1860), which criminalized unnatural sex between two individuals, was considered unconstitutional on the grounds that it violated the rights to expression, equality, privacy, and human dignity.
Banerjie details three reasons why this judgment is unique. First, the judgement not only decriminalized same sex acts, but went above and beyond to recognize LGBTQIA+ members as equal rights-holding citizens who deserve a life free of persecution. Second, the judgment offered an expansive interpretation of the right to privacy. The court recognized Section 377’s unreasonable restriction on privacy and freedom of choice. Additionally, privacy was no longer only relevant in the private sphere; rather, the court recognized social privacy and...