Case Comment: Navtej Singh Johar v. Union of India: The Indian Supreme Court’s Decriminalization of Same-Sex Relations

2019 ◽  
Vol 22 (1) ◽  
pp. 218-233
Author(s):  
Gautam Bhatia
Keyword(s):  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Same Sex ◽  
High Court ◽  
Personal Liberty ◽  
Judicial Decisions ◽  
The Right To Privacy ◽  
Judicial Proceedings ◽  
Indian Supreme Court ◽  
The Right

The Indian Supreme Court’s judgment in Navtej Singh Johar, delivered in September 2018, decriminalizing same-sex relations in India, generated a storm of discussion and debate, in both India and in the world beyond. Apart from its clear and sharp verdict that held that the Indian Constitution protected the rights of the LGBTQ+ community, the decision was also noteworthy because it reversed the Court’s own prior judgment, delivered a mere five years before (in 2013), that had upheld the constitutional validity of the law that penalized same-sex relations. In this case comment, we set out the chronology of judicial decisions that led to the final judgment in Navtej Singh Johar: the judgment of the High Court of Delhi in 2009, which first decriminalized same-sex relations, the 2013 judgment of the Indian Supreme Court that reversed it, and the various judicial proceedings that continued to rumble on in the Court—an additional round known as the ‘curative hearing’, and separate litigation on the constitutional status of the right to privacy. Within this context, the paper then discusses the multiple opinions that were delivered by the Bench in Navtej Singh Johar, and examines the reasons on the basis of which the Court held that Section 377 of the Indian Penal Code—insofar as it criminalized same-sex relations between consenting adults—violated the fundamental rights to equality, nondiscrimination, freedom of expression, and life and personal liberty, guaranteed by the Constitution of India. The article will conclude by setting out some possibilities for the way forward, in light of the judgment.

Privacy and Accountability of Public Figures

2014 ◽  
pp. 219-236
Author(s):  
Despina Kiltidou
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
European Countries ◽  
The Right To Privacy ◽  
National Courts ◽  
Public Figures ◽  
The Media ◽  
Principle Of Proportionality ◽  
The Right

Regarding the regular violation of the right of public figures to privacy by the media, through its jurisprudence, the European Court of Human Rights (ECtHR) imposes profound changes on European countries concerning the equilibrium between the fundamental rights of privacy and the freedom of expression in the media. The lack of violation of privacy in various European countries does not elicit unified solutions in case of damage as a result of breach of the right to privacy. Therefore, taking into account the particularities of national courts, it is evident that the court rules more objectively by investigating the facts on a case-by-case basis, within the margin of the principle of proportionality, creating a point of reference for national courts to follow and ensuring the protection of the freedom of expression, as initially established in the European Convention of Human Rights (ECHR). This chapter explores this.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

scholarly journals Perspectiva constitucional de las garantías de aplicación de la Inteligencia Artificial: la ineludible protección de los derechos fundamentales.

2020 ◽  
Vol 6 (2) ◽  
pp. 72-82
Author(s):  
Jorge Castellanos Claramunt ◽  
María Dolores Montero Caro
Keyword(s):  
Artificial Intelligence ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decisions ◽  
Spanish Constitution ◽  
The Right ◽  
Judicial Protection

Artificial Intelligence has an undeniable effect on today’s society, so its study regarding its legal effects becomes necessary. And consequently, how fundamental rights are affected is of particular importance. Hence, the present paper studies the influence of algorithms in determining judicial decisions, especially from the point of view of how this issue would affect the right to effective judicial protection, recognized as a fundamental right in article 24 of the Spanish Constitution.

Freedom of Expression and the Right to Privacy and Ethics in Dialectic of Human Rights in This Complex and Turbulent Society

2021 ◽  
Vol 9 (2) ◽  
pp. 1-28
Author(s):  
José Poças Rascão ◽  
Nuno Gonçalo Poças
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Online Social Networks ◽  
Freedom Of Expression ◽  
Technological Development ◽  
Social Engineering ◽  
Digital Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

The article is about human rights freedom of expression, the right to privacy, and ethics. Technological development (internet and social networks) emphasizes the issue of dialectics and poses many challenges. It makes the theoretical review, the history of human rights through and reference documents, an analysis of the concepts of freedom, privacy, and ethics. The internet and social networks pose many problems: digital data, people's tracks, the surveillance of citizens, the social engineering of power, online social networks, e-commerce, spaces of trust, and conflict.

Shielding the Confidentiality, Privacy, and Data Security of Bio-Medical Information in India

2019 ◽  
pp. 81-99
Author(s):  
Varinder Singh ◽  
Shikha Dhiman
Keyword(s):  
Data Security ◽  
Medical Information ◽  
Fundamental Rights ◽  
Right To Life ◽  
Indian Constitution ◽  
Modern Times ◽  
Personal Liberty ◽  
The Right

The framers of Indian Constitution were very much cognizant about the significance of human nobility and worthiness and hence they incorporated the “right to life and personal liberty” in the Constitution of India. Right to life is considered as one of the primordial fundamental rights. There is no doubt that Indian Judiciary has lived up to the expectations of the Constitution framers, both in interpreting and implementing Article 21 initially, but there are still a few complications left as to the viability of Article 21 in modern times. Looking at the wider arena of right to life, it can be articulated that broader connotation of “right to life” aims at achieving the norms of “privacy” as well.

Reconceptualising Cyber Security

2016 ◽  
Vol 6 (2) ◽  
pp. 32-40 ◽  
Author(s):  
Andrew N. Liaropoulos
Keyword(s):  
Human Rights ◽  
Information Systems ◽  
Cyber Security ◽  
Freedom Of Expression ◽  
Security Dilemma ◽  
Critical Part ◽  
Critical Information ◽  
The Right To Privacy ◽  
Security Discourse ◽  
The Right

The cyber security discourse is dominated by states and corporations that focus on the protection of critical information infrastructure and databases. The priority is the security of information systems and networks, rather than the protection of connected users. The dominance of war metaphors in the cyber security debates has produced a security dilemma, which is not sufficiently addressing the needs of people. This article underlines this shortcoming and views cyber security through a human-centric perspective. Freedom of expression and the right to privacy are under attack in the era of cyber surveillance. From a human-centric perspective such rights should be understood as a critical part of cyber security. Human rights protections need to be effectively addressed in the digital sphere and gain their place in the cyber security agendas.

Intermediary Liability and Fundamental Rights

2020 ◽  
pp. 137-152
Author(s):  
Christophe Geiger ◽  
Giancarlo Frosio ◽  
Elena Izyumenko
Keyword(s):  
Freedom Of Expression ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Fine Tuning ◽  
Intermediary Liability ◽  
The Right

This chapter sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy, freedom of business, and the right to property are entangled with the intermediary liability conundrum. Policymakers are still in search of a balanced and proportional fine-tuning of online intermediaries’ regulation that might address the miscellaneous interests of all stakeholders involved, with special emphasis on users’ rights. In this context, the increasing reliance on automated enforcement technologies, which will be the topic of further review in multiple chapters throughout the Handbook, might set in motion dystopian scenarios where users’ fundamental rights are heavily undermined.

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