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Originally Posted by Zunaid
Their and our legal jurisprudence has the same antecedents and like us has not been much enlightened.
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That's true to an extent. They have some very outdated laws on sedition for example. On the other hand, Indian courts did overturn section 377 of the Indian Penal Code on "sexual activity against the order of nature" by saying that every citizen has equal opportunity of life under the Indian Constitution.
The
judgment ends with quite the rhetorical flourish:
"If there is one constitutional tenet that can be said to be the underlying theme of the Indian Constitution, it is that of 'inclusiveness'. This Court believes that the Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. Those perceived by the majority as "deviants' or 'different' are not on that score excluded or ostracised.
Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination. This was the 'spirit behind the Resolution' of which Nehru spoke so passionately. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual."
Not sure how much this 'inclusiveness' (going beyond just LGBT rights) is always practiced, but at least there are senior members of the judiciary and the legislature who believe in it.