Yogyakarta Principles Acknowledged in Indian Ruling


The High Court in Delhi ruled that the Indian penal code outlawing consensual sex between homosexual adults violates the right to life, privacy and dignity in the Indian Constitution. The Court cited the Yogyakarta Principles.

The High Court in Delhi ruled that the Indian penal code outlawing consensual sex between homosexual adults violates the right to life, privacy and dignity in the Indian Constitution. The Court cited the Yogyakarta Principles. If you would like to read the historic 105 page judgment, it is available at the Times of India website.

In addition to Indian case law, the Court's judgment cited numerous international treaties and other instruments as well as case law from Canada, the United States, the United Kingdom, the European Union, Australia, South Africa, Hong Kong, and Nepal.

The Yogyakarta principals were referred to as follows:

Paragraph 43 (citation omitted):
On 26th March, 2007, a group of human rights experts launched the Yogyakarta Principles on the Application of Human Rights Law in Relation to Sexual Orientation and Gender Identity (Yogyakarta Principles). The principles are intended as a coherent and comprehensive identification of the obligation of States to respect, protect and fulfill the human rights of all persons regardless of their sexual orientation or gender identity. The experts came from 25 countries representative of all geographical regions. They included one former UN High Commissioner for Human Rights, 13 current or former UN Human Rights Special Mechanism Office Holders or Treaty Body Members, two serving Judges on domestic courts and a number of academics and activists. Although relatively short period of time has elapsed since the launch of the Principles, a number of member and observer States have already cited them in Council proceedings. Within days of the Geneva launch, more than 30 States made positive interventions on sexual orientation and gender identity issues, with seven States specifically referring to the Yogyakarta Principles.
Paragraph 44, inter alia:

The Principles recognise:
- Human beings of all sexual orientation and gender identities are entitled to the full enjoyment of all human rights;

- All persons are entitled to enjoy the right to privacy, regardless of sexual orientation or gender identity;

- Every citizen has a right to take part in the conduct of public affairs including the right to stand for elected office, to participate in the formulation of policies affecting their welfare, and to have equal access to all levels of public service and employment in public functions, without discrimination on the basis of sexual orientation or gender identity.
If you've got the time, the opinion is worth reading.

5 comments:

Ming Meows said...

homosexual sex violates right to life?

it should be:
prohibiting LGBT sex violates right to enjoy life!

enJAYneer said...

oohh.... ganyan tlga sa india.

-enJAYneer-
JAYtography: An Online Travelogue

line of flight said...

the whole subordinate clause is: "the Indian penal law outlawing consensual sex between homosexual adults violate the right to life, etc.," it is the Indian penal law that violates the right, not consensual sex, "outlawing consensual sex..." describes which Indian penal law violated the right to life. Grammar is correct.

Larry said...

A Brief Commentary on the Yogyakarta Principles by J Cornides:

works.bepress.com/jakob_cornides/20/

line of flight said...

jakob's perspective is interesting and one indeed worth looking at. i don't agree with his analysis though.

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