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Anand Grover, the lawyer who argued the case for Naz Foundation seeking decriminalisation of homosexual sex before the Delhi HighCourt, is missing the euphoria of his victory. Moonlighting as United Nations Special Rapporteur on Health, Grover is currently in Genevafor a UN convention. He spoke to Anshika Misra on the phone:
What is your reaction to the Delhi High Court judgment?
This is a historic event because the last yoke of colonialism has been set free. India was where the British saturised anti-sodomy laws and then replicated it across the Commonwealth. Several Commonwealth countries, which still outlaw homosexual sex, can use this judgment as a precedent to change the law and make the society more inclusive.
What is the most significant aspect of the judgment?
The most significant aspect of the Delhi HC judgment is that it has widened the scope of Article 15 of the Constitution that prohibits discrimination on grounds of sex, religion, caste, creed or place of birth. The HC has held that sex does not only mean gender but also includes sexual orientation. Thus no person can be discriminated against on grounds of his/her sexual orientation. This will have far-reaching impact on rights of homosexuals. They can now argue other issues of equality. This is only the beginning.
What is the applicability of the judgment?
Technically, the Delhi HC judgment is applicable only in the territory of Delhi. Law and order is a state subject and only the Delhi government, which was a respondent in this case, is bound by the Delhi HC order. The other states were not party to the case. However, the judgment has immense persuasive value. It can be cited in courts across the country to seek relief. Also, if the government decides to challenge the order in the Supreme Court then the apex court's ruling will be the law of the country.
