The significance of dignity in human rights jurisprudence
Riya Rajayyan -
The Constitution Bench of the Supreme Court struck down a part of Section 377 of the Indian Penal Code as unconstitutional as it offended the right to privacy on September 6. As noted in K.S. Puttaswamy, privacy has been treated as a fundamental right and a premise for this upliftment was that the privacy of the individual is an essential aspect of dignity.
Section 377, a 158-year-old colonial law, refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse 'against the order of nature' with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term, which may extend to 10 years, and shall also be liable to pay a fine.