Key Supreme Court verdicts that moved the needle on LGBTQ rights in India

Source: The post is based on the article “Key Supreme Court verdicts that moved the needle on LGBTQ rights in India” published in Indian Express on 20th April 2023

What is the News?

The Supreme Court has continued to hear a batch of pleas seeking legal recognition for same-sex marriages.

What is the case about?

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What is the Central Government’s stand on same-sex marriage?

The Central Government has opposed same-sex marriage. It has said that the demand for legal recognition of same-sex marriage is merely a voicing of “urban elitist views” for the purpose of social acceptance.

What has the Supreme Court said on the Centre’s stand on same sex marriage?

The Supreme Court has said that sexual orientation is an innate characteristic over which individuals have no control and the state cannot push aside the need for legal recognition of same-sex marriage within the LGBTQIA+community as an “urban and elitist” concept without any data to support the claim.

What are the various Supreme Court verdicts that moved the needle towards LGBT rights in India?

NALSA v Union of India: This was a landmark decision where the apex court legally recognised “third gender”/transgender persons for the first time.

– The Court recognised that third-gender persons were entitled to fundamental rights. Further, it directed state governments to develop mechanisms to realize the rights of “third gender”/transgender persons. 

KS Puttaswamy v Union of India: In 2017, a nine-judge Bench of the Supreme Court unanimously recognised the right to privacy as a fundamental right under the Constitution.

Shafin Jahan v Union of India: The SC in 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 of the SC in 2018 issued directives to prevent honour killings at the behest of khap panchayats and protect persons who marry without the approval of the panchayats. In the ruling, the Court recognised the right to choose a life partner as a fundamental right.

Navtej Johar v Union of India: In 2018, the SC unanimously held that Section 377 of the Indian Penal Code, 1860, which criminalized ‘carnal intercourse against the order of nature’, was unconstitutional in so far as it criminalized consensual sexual conduct between adults of the same sex.

– This 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 2022 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 to traditional parenting roles.