The Supreme Court’s judgement read: “Sexual orientation is an essential attribute of privacy.

“Discrimination against an individual on the basis of sexual orientation is deeply offensive to

the dignity and self-worth of the individual. Equality demands that the sexual orientation of
each individual in society must be protected on an even platform.”

One of the first laws to be amended after the ruling could be the controversial Section 377 of
the country’s penal code, which bans sexual activity that is “against the order of nature”.
Many have interpreted the wording to include gay sex.

In 2009 the section was dismissed by the High Court of Delhi, but that verdict was
overturned by the Supreme Court, which said it was the responsibility of Parliament, not the
judiciary, to change the law. Another legal challenge to Section 377 is currently underway.

The latest Supreme Court ruling confirming the freedom to express sexual orientation formed
part of a wider case assessing whether privacy was a fundamental right for the 1.3 billion
people living in India. The nine-judge panel decided it should be considered as part of the
right to life and liberty enshrined in the country’s constitution