Excerpt of Comments by Kalpana Kannabiran on the Delhi HC Judgement On Sec 377,IPC in the Hindu article
India: From ’perversion’ to right to life with dignity by Kalpana Kannabiran, 6 July 2009, the Hindu "...Perhaps the most important issue the judgment addresses is the meaning of “sex” in Article 15(1) of the Constitution of India: “The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” Does the term “sex” in this context refer to attribute or performance? Is sex to be applied in a restricted fashion to gender or can the multiple resonances of its common usage be taken into account, so that sex is both gender (attribute) and sexual orientation (performance)? This is particularly significant because, as the judgment demonstrates through an extensive review of case law and principles from different parts of the world, gender and sexual orientation are an intrinsic and inalienable part of every human being; they are constituents of a person’s identity. In the words of Justice Sachs of South Africa, the constitution “acknowledges that people live in their bodies, their communities, their cultures, their places and their times” (Sachs J. in The National Coalition for Gay and Lesbian Equality v. The Minister of Justice). It is this composite identity of every person that is affirmed through a nuanced reading of “sex” in Article 15(1): “We hold that sexual orientation is a ground analogous to sex and that discrimination on the basis of sexual orientation is not permitted by Article 15 (Para 104)...” -- http://venukm.blogspot.com http://www.shelfari.com/kmvenuannur http://kmvenuannur.livejournal.com -- http://venukm.blogspot.com http://www.shelfari.com/kmvenuannur http://kmvenuannur.livejournal.com --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to greenyouth@googlegroups.com To unsubscribe from this group, send email to greenyouth+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
