By: Jenilyn Brhel
Impunity Watch News Reporter, Asia

NEW DELHI, India – A landmark ruling legalizing gay sex was passed down from India’s highest court on September 6th, putting an end to more than a century’s worth of anti-LGBT legislation.

Introduced in the 1860s, the colonial-era law in question, Section 377 of the Indian penal code, criminalized gay sex. Violators could face a maximum sentence of life in prison.

Prior to Section 377’s repeal, Indian courts had been reluctant to rule on the issue. In 2009, the Delhi High Court found the law unconstitutional, but the Supreme Court overturned its decision four years later.

Lawyers questioned the constitutional basis of the 2013 ruling. In that ruling, the court stated that because it believed only “a miniscule fraction of the country’s population constitute lesbians, gays, bisexuals or transgenders” that the law was “legally unsustainable” to repeal.

Lawyers in the latest hearings questioned that stance and its constitutional basis.

Colin Gonsalves, one of the attorneys representing the dozen-plus litigants in the case, called the decision “a wrong judgment. It was not legal and it was based wrongly on the tenets of the constitution.”

Celebrations spread throughout the country with news of the repeal. Crowds outside the supreme court erupted in cheers and tears of relief as the decision was announced. Marches and parades took place across the country.

“I was turning into a cynical human being with very little belief in the system, but honestly that has really shown once again that we are a functional democracy where freedom of choice, speech and rights still exist” said Ritu Dalmia, one of the campaigners.

Another campaigner, Bismaya Kumar Raula, said, “I can’t even explain how I am feeling right now. The long battle has been won. Finally we have been recognized by this country.”

Although some religious and conservative groups oppose the ruling, public opinion throughout India is largely supportive of the repeal.

Chief Justice Dipak Misra announced the decision of the court, saying “social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by individuals today, and it is only when each and every individual is liberated from the shackles of such bondage…that we can call ourselves a truly free society.”

For more information, please see:

BBC News – India court legalises gay sex in landmark ruling – 6 September 2018

CNN – India’s top court decriminalizes gay sex in landmark ruling – 6 September 2018

The Guardian – Campaigners celebrate as India decriminalises homosexuality – 6 September 2018

Los Angeles Times – India’s gay sex ban was a relic of the British Empire — but it’s still in place in dozens of ex-colonies – 7 September 2018

 

 

By: Charlotte Volpe
Impunity Watch Reporter, Asia

NEW DELHI, India – On September 26, 2018, a five-justice panel of the Supreme Court of India upheld the constitutionality of the national biometric identification system, Aadhaar. While noting its constitutionality in a 4-1 ruling, the court also placed strict limitations on Aadhaar’s scope and reach.

The ruling maintained that Aadhaar could be required for accessing public benefits and filing income taxes. However, the court struck down on private companies’ ability to require Aadhaar identification from their customers for access to their services.

Aadhaar – “foundation” in Hindi – is an expansive biometric information database administered by the Indian government that includes the fingerprints and iris scans of 1.2 billion people – 9 out of 10 Indians. The program was originally founded in 2009 as a foolproof digital identification system for all Indians, particularly for those who have traditionally struggled to produce formal proof of identity.

The biometric information in Aadhaar’s database is matched to a unique 12-digit number, which serves as an ID and ensures that government services are received by intended parties. Welfare recipients use this number to verify their identity upon collecting benefits or joining government work programs.

With Narendra Modi’s election in 2014, Aadhaar’s use expanded past its original intent of streamlining public services delivery. Modi and his Bharatiya Janata Party granted private companies access to Aadhaar biometric data for customer verification purposes, placing Indian citizens’ fingerprints at corporations’ fingertips. Everything from opening a bank account or setting up a cell phone line required an Aadhaar number.

The court’s ruling on Aadhaar’s constitutionality invited pushback from critics and supporters alike.

Privacy-advocates lamented that upholding Aadhaar violates data security protections and facilitates the potential for a surveillance state. Activists worry that mandating Aadhaar registration for receipt of government benefits may preclude some of India’s most vulnerable populations from access to public services and subsidies.

Private companies were disappointed by the court’s ruling, which places severe limitations on their ability to utilize Aadhaar in their customer sign-up processes. Using Aadhaar’s biometric data verification was significantly more cost-effective than traditional paper-based means of identity proof.

The court’s decision to uphold Aadhaar with severe restrictions sets an example for future data privacy and security inquiries. National governments will continue to grapple with the balance act between enhanced security and ease, and privacy protection. India’s Supreme Court ruling sets a precedent for future questions on this issue that are certain to arise.

For further information, please see:

The Economist – A court upholds but curbs India’s giant biometric ID system – 27 September 2018

Human Rights Watch – India: Top Court OK’s Biometric ID Program – 27 September 2018

The New York Times – India’s Top Court Limits Sweep of Biometric ID Program – 25 September 2018

By: Charlotte Volpe                                                                                                             Impunity Watch Reporter, Asia

ISLAMABAD, Pakistan – On September 19th, the Islamabad High Court announced the release on bail of former Prime Minister Nawaz Sharif, his daughter Maryam Nawaz, and his son-in-law. The three were convicted in July by an anti-corruption court due to inquiries related to their ownership of high-value properties in London, drawing scrutiny on how government officials could afford such luxury real estate abroad.

Sharif was ousted from office last year by the Supreme Court for alleged acts of corruption related to the properties the family owned in London.

The ruling to release the Sharifs has been praised by observers as the court’s declaration of its authority and assertion of proper judicial process, independent of external influences. Back in July, independent lawyers and analysts viewed the court’s sentencing of the Sharifs as unsubstantiated by enough evidence linking the family to the London properties. The court too has now come to that conclusion.

Sharif’s political supporters and his party, the Pakistan Muslim League–Nawaz (PML-N), are in high spirits. They contend that his conviction was an attempt by Imran Kahn and his rival party, the Pakistan Tehreek-e-Insaf (PTI), to discredit Sharif as a political candidate for the general elections in July and harm his chance for re-election.

Kahn, the favored candidate of the Pakistani military, swept the elections and is now prime minister. 

PLM-N supporters feel that this is clear indication of PTI involvement leading to Sharif’s original conviction in July. PTI supporters, however, retort that Sharif would never have been released if there was a PTI conspiracy to undermine him.

In any case, the Islamabad High Court’s overturning of their sentence will allow the Sharifs to resume rallying support for PLM-N. Seen by many as her father’s chosen political successor, Maryam in particular has added personal grievance towards Kahn and will likely begin mobilizing support against him and the ruling PTI party.

For more information, please see:

The Economist – Pakistan’s former prime minister is freed from prison – 20 September 2018

The New York Times – Pakistan Court Releases Nawaz Sharif, Ex-Prime Minister, From Prison – 19 September 2018

Al Jazeera – Pakistan court releases ex-PM Nawaz Sharif and daughter – 19 September 2018

The Telegraph – Pakistan court orders release of former prime minister Sharif and daughter – 19 September 2018