What is The Right to Privacy Judgment?

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In August 2017, the Supreme Court concluded that the right to one’s sexual orientation is at the core of the fundamental rights outlined in Articles 14, 15 and 21 of the Constitution. Kothari (2017) writes that sexual orientation rights aren’t limited to LGB groups but inextricably linked to transgender and intersex persons as well. The Court also held that “The rights of the lesbian, gay, bisexual and transgender population are real rights founded on sound constitutional doctrine. They inhere in the right to life. They dwell in privacy and dignity. They constitute the essence of liberty and freedom. Sexual orientation is an essential component of identity.” It held that “Equal protection demands protection of the identity of every individual without discrimination.” This includes the right to one’s self-identified gender identity as upheld by the NALSA v. Union of India judgment.