The right that dares to speak its name : Naz Foundation vs. Union of India and others : decriminalising sexual orientation and gender identity in India

A. Narrain, M. Eldridge

The judgment of the Delhi High Court in Naz Foundation vs. Union of India, delivered on 2nd July, 2009, triggered a euphoric response from the Lesbian, Gay, Bisexual and Transgender (LGBT) community as well as from the wider activist community. The judgment was at the same time both a remarkable assertion that LGBT persons are indeed a part of the Indian nation as well as a statement that the judiciary remains an institution committed to the protection of those who might be despised by a majoritarian logic. What the Naz judgment also triggered was a wider conversation on LGBT rights in living rooms, offices and tea shops across the country. LGBT persons were out of the closet and literally onto the front pages of all Indian papers and news channels. It's very rare for a judgment to have such an instantaneous social impact as to actually begin a national conversation. Huge as the impact of this pronouncement was, not many can directly access this judgment due to the sometimes inaccessible nature of legal language. This compilation aims to aid a wider comprehension of the nature, the logic and reasoning followed by the Delhi High Court as well as to understand the implications of the Naz judgment. It aims to contextualise, elucidate and explicate on the Naz judgment.