Referring to the withdrawal of an advertisement of Karva Chauth, the judge of the Supreme Court made an important comment on the homosexuality issue
Justice Chandrachud said, "Though courts expand the scope of constitutional rights to protect the interests of the marginalized, justice quickly becomes ineffective if people do not follow the right path."
Supreme Court Judge Justice D.Y. Chandrachud has made important remarks on the issue of homosexuality, referring to an advertisement for Karva Chauth. He said in a lecture on Saturday that justice done in a case can be reversed very soon if people do not follow the right path to protect the interests of the marginalised. Referring to the recent withdrawal of an advertisement for Karva Chauth in the wake of protests, Justice Chandrachud said that decriminalizing homosexuality in the Navtej Singh Jauhar case alone allows members of the LGBTQ community to realize their rights. It wasn't enough to get it done. A homosexual couple was shown in this advertisement related to Karva Chauth.
The judge was referring to Indian firm Dabur's advertisement regarding 'Karva Chauth', a Hindu festival prevalent in the northern parts of the country. In this festival, wives observe a day-long fast and perform 'puja' for the long life of their husbands. Following a strong reaction on social media and from a politician from Madhya Pradesh, the advertisement of a female couple celebrating the festival was pulled down by Dabur. Justice Chandrachud said, "Though courts expand the scope of constitutional rights to protect the interests of the marginalized, justice quickly becomes ineffective if people do not follow the right path."
Justice Chandrachud, while delivering a lecture on 'The Future of Arbitration in India' at ILS Law College in Pune, said, "The removal of homosexuality as a crime in the Navtej Singh Jauhar case is the only way to enable members of the LGBTQ community to realize their rights." was not enough. Four years after the crucial verdict in the Navtej Singh case, an advertisement for a fairness cream depicting a gay couple celebrating Karva Chauth was removed.
The judge said that India's courts are burdened with litigation and in view of the plethora of pending cases, a dispute resolution mechanism like mediation is an important tool. He said that mediation can bring about social change and prove to be more beneficial for marginalized communities and women.
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