Key SC verdicts that moved the needle on LGBTQ rights

Subject : Polity

Section :Constitution

Concept :

Recently, the Supreme Court started to hear a batch of pleas seeking legal recognition for same-sex marriages.
On the second day of the hearing, the court heard arguments on the changing legal landscape on LGBTQ rights and the evolution of the right to choose one’s partner..

Key SC Verdicts

NALSA v Union of India

In ‘NALSA’, the Court agreed with virtually the same arguments it rejected in Suresh Koushal case.
The Supreme Court in ‘Suresh Koushal v Union of India’ upheld the constitutional validity of Section 377 of the Indian Penal Code.
The Section 377 of the IPC was an act that criminalised homosexuality.
In this case, the court upheld the right of transgender persons to decide their gender.
It directed the Centre and state governments to grant legal recognition to their gender identity, such as male, female or the third gender.

KS Puttaswamy v Union of India

In this case, in 2017, a nine-judge Bench of the Supreme Court unanimously recognised the right to privacy as a fundamental right under the Constitution.
In this judgement, the apex court observed that the rights of LGBT 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.

Shafin Jahan v Union of India

The SC in March 2018 set aside a Kerala High Court judgment that annulled the marriage of a 24-year-old woman who converted to Islam and married a man of her choice.
The ruling recognised the right to choose one’s partner as a facet of the fundamental right to liberty and dignity.

Shakti Vahini v Union of India

A three-judge Bench on the SC in March 2018 issued directives to prevent honour killings at the behest of khap panchayats.
It also issued directives to protect persons who marry without the approval of the panchayats.
In the ruling, the Apex Court recognised the right to choose a life partner as a fundamental right.
SC observed that – when two adults consensually choose each other as life partners, it is a manifestation of their choice which is recognized under Articles 19 and 21 of the Constitution.

Navtej Johar v Union of India

In August 2018, the SC heard a curative petition against the ‘Koushal’ ruling.
A five-judge Constitution Bench struck down IPC Section 377 to the extent that it criminalised homosexuality.
The Navtej ruling essentially said that the LGBTQ community are equal citizens and underlined that there cannot be discrimination in law based on sexual orientation and gender.

Deepika Singh vs Central Administrative Tribunal

The SC in August last year decided in favour of a woman who was denied maternity leave for her first biological child on the ground that she had already availed the benefit for her two non-biological children.
The ruling recognised atypical families, including queer marriages, which could not be confined in the traditional parenting roles.