Exploring US CJI DY Chandrachud's Explanation of Queer Verdict

Swetha

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posted on 6 months ago — updated on 1 second ago

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In an enlightening discourse at the 3rd Comparative Constitutional Law discussion, Chief Justice of India, D.Y. Chandrachud, expounded on his perspective from the Indian Supreme Court. His speech provided a comprehensive understanding of the landmark queer verdict in India, highlighting that the complexities of the issue were not confined to rigid legal frameworks or geographical boundaries. The discourse emphasized on the importance of progressive judiciary decisions in shaping societal norms and the critical role of constitutional courts in safeguarding minority rights, both in India and the United States.

In a recent event, Chief Justice of India, Dhananjaya Y. Chandrachud, took the stage at the 3rd Comparative Constitutional Law discussion and elucidated on the landmark judgement that decriminalised homosexuality in India. The discussion centred around 'Perspectives from the Supreme Courts of India and the US,' and witnessed Justice Chandrachud delve into the intricacies of the queer verdict.

"The issue was much more complex and wasn't confined to the decriminalisation of certain sexual acts, but also about recognising the rights of individuals of the same sex to express their identity and to express their life choices," he explained during his address.

His observations were drawn from the landmark judgement of the Supreme Court of India in 2018, that decriminalised homosexuality under Section 377 of the Indian Penal Code. The historic verdict was hailed globally as a significant stride forward for LGBTQ+ rights.

In this context, Justice Chandrachud remarked, "The judgement was about the constitutional values of inclusivity, diversity and the recognition of the rights of the LGBTQ+ community. It was about their entitlement to the full range of constitutional rights including the liberties protected by the Constitution."

Justice Chandrachud also highlighted the role of the court in acknowledging and embracing the rights of the LGBTQ+ community. Stressing on the importance of the recognition of these identities, he said, "It's a constitutional court's role to ensure that these identities are respected and protected."

He further added that the court's judgement was not just about decriminalising a provision of the penal code but also about ensuring dignity to individuals and fostering inclusivity and diversity.

Justice Chandrachud's address also presented an opportunity for a comparative study of the judgements of the Supreme Courts of India and the US on similar issues of LGBTQ+ rights. It provided a valuable insight into the differing perspectives and approaches of two of the world's largest democracies.

The discussion, organised by the Melbourne Law School, was aimed at fostering dialogue and understanding between legal practitioners and scholars from different jurisdictions.