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Section 377 verdict: Broadcast order to all – Top court to govt

Union of India to take measures to ensure the judgment gets wide publicity

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The Supreme Court has cut out a big task for the Central and state governments to ensure that the judgment allowing sexual autonomy to LGBT community is given full effect across the country.

Realizing that the stigma attached to homosexuals, pansexuals, bisexuals and transgender will not pass off easily, Justice Rohington F Nariman, in his separate order, directed both the Union and state governments to sensitize officials at regular intervals by orienting them towards the plight faced by the LGBT community. In addition, the respective governments will run publicity campaigns on television, radio, print, and online media to communicate the judgment to the masses.

The Centre has remained neutral to the demand raised by petitioners, their only concern being that other issues or rights emanating from recognizing this right should not disappear as it would result in far-reaching ramifications under various laws.

The petitioners had pointed out that due to the stigma attached to their sexual orientation, they could not form an association, were hesitant to register companies as a conviction under Section 377 would render them ineligible for appointment. Also, members of the community found it difficult to rent homes and did not visit police stations for fear of their sexual identities being revealed.

Considering their plight, Justice DY Chandrachud observed in his separate opinion that Section 377 has deprived the community of the public health system for fear of prosecution. Taking this into view, Justice Nariman said, "We are of the view that the Union of India shall take all measures to ensure that this judgment is given wide publicity...and initiate programs to reduce and finally eliminate the stigma associated with such persons. Above all, all government officials, including and in particular police officials, and other officers of the Union of India and the States, be given periodic sensitization and awareness training of the plight of such persons."

THE DIRECTIVE

  • Union of India to take measures to ensure the judgment gets wide publicity
     
  • Initiate programs to reduce and finally eliminate the stigma associated with LGBTQ community
     
  • All government officials, especially cops, to be given periodic sensitization and awareness training
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