ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Ishika Garg and Sukrut KhandekarSubscribe to Ishika Garg and Sukrut Khandekar

A Lock, a Key, a Legislation: Making a Case against Outing

Outing refers to the non-consensual act of revealing an individual's sexual orientation or gender identity, or coercing them into revealing the same. Recently, a Japanese prefecture named Mie introduced a law to deal with the issue of outing. In a country like India, the need for a holistic legislative action to tackle this issue becomes clear when viewed against the backdrop of the deep-rooted biases that non-cishets face. This article argues for the introduction of a legislation to make outing a civil offence in India. To support this argument, we analyse the implications of outing on an individual’s fundamental rights such as their right to privacy and freedom of choice. The article traces various Supreme Court judgments in order to analyse this issue from a legal lens. Further, the authors shall discuss the concept of sexual fluidity and its link with the potentially harmful effects of the act of outing. To strengthen the demand for a legislative action, we provide data regarding the discrimination that victims of outing can face.
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