SC introduces Doctrine of Progressive Realisation of Rights in Sec-377 judgement

SC introduces Doctrine of Progressive Realisation of Rights in Sec-377 judgement

Within the pages of the Supreme Court judgement decriminalising homosexuality contains a safeguard against any attempts by governments, present and future, to enact laws to make homosexuals criminals again.

In the judgement :-

The five-judge Constitution Bench led by Chief Justice of Dipak Misra has introduced the “Doctrine of Progressive Realisation of Rights” to guard against future attempts to reintroduce that part of Section 377 of the Indian Penal Code which had made the entire LGBTQ community “unconvicted felons” without the basic rights of a citizen for over a century.

Using this legal doctrine, Chief Justice Misra has held that once a right is recognised and given to the public, it cannot be taken back by the state at a later date. Once a step is taken forward, there is no going back.

Modern ethos :-

  • The doctrine of progressive realisation of rights mandates that the laws of a country should be in consonance with its modern ethos, it should be “sensible” and “easy to apply”.
  • The ‘doctrine of progressive realisation of rights’, as a natural corollary, gives birth to the doctrine of non-retrogression. As per this doctrine, there must not be any regression of rights
  • The doctrine of non-retrogression sets forth that the State should not take measures or steps that deliberately lead to retrogression on the enjoyment of rights either under the Constitution or otherwise,

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