Judiciary Should Champion LGBTQIA+ Rights: Ex-SC Judge Sanjay Kishan Kaul

IO_AdminAfrica6 hours ago2 Views

Quick Summary

  • Former Supreme Court judge Justice (retd) Sanjay Kishan Kaul addressed the launch of a policy document on queer inclusion in India, organized by Keshav Suri Foundation adn Vidhi Center for Legal Policy, on July 13, 2025.
  • Justice Kaul highlighted that while India’s legal landscape for LGBTQIA+ recognition has evolved substantially, gaps persist – such as the lack of definition of “queer” in law and invisibility of asexual individuals.
  • He referred to societal issues like inter-caste marriage discrimination and referenced a recent case where a father killed his daughter due to personal choices.
  • He noted limited governmental measures announced earlier this year enabling queer couples access to ration cards, joint bank accounts, and the right to claim a partner’s body-though thes remain administrative steps without legislative backing.
  • Justice Kaul stressed how barriers like ease of accessing loans or opening bank accounts create existential challenges for LGBTQIA+ persons due to identity-related obstacles in documentation.
  • Anti-discrimination laws were deemed crucial for social equity and economic access across various sectors like housing or starting businesses.
  • Legislative inertia continues regarding rights including same-sex marriage, adoption, and inheritance; conservative attitudes remain barriers despite progress seen among urban youth communities.

Indian Opinion Analysis

Justice Sanjay Kishan kaul’s remarks reinforce critical issues facing LGBTQIA+ persons in India-particularly societal barriers compounded by inadequate legal definitions and protections despite judicial advancements over recent years. While administrative measures introduced by policymakers indicate nascent progress toward inclusivity (e.g., joint financial services), their lack of statutory recognition limits broader applicability across diverse regions in India where conservative values persist.

The emphasis on anti-discrimination laws highlights systemic gaps affecting queer individuals’ financial independence-a concern with wide-reaching socio-economic implications beyond personal freedoms alone. Legislative inertia toward securing deeper rights such as marriage equality underscores the slow pace at which structural changes may unfold unless addressed collaboratively across government circles.

In advancing equitable rights at national scale amid divergent urban-rural receptiveness levels toward gender norms-the future hinges not only upon activist momentum but also coordinated efforts within India’s executive-legislative machinery capable fostering uniform shifts societal mindset inclusivity forefront policymaking charts journey forward remains challenging yet optimistic end-goals horizon adapting transformed realities kinder outcomes wider populace every demographic better-supported evolution clarity Read more: The Hindu.

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