Case Studies On Lgbtq+ Rights And Protection
⚖️ 1. Navtej Singh Johar v. Union of India (2018)
Court: Supreme Court of India
Citation: (2018) 10 SCC 1
Summary: In this historic judgment, the Supreme Court decriminalized consensual homosexual acts between adults by reading down Section 377 of the Indian Penal Code. The Court held that the criminalization of such acts violated fundamental rights under Articles 14 (Equality), 15 (Non-discrimination), 19 (Freedom of Speech), and 21 (Right to Life and Personal Liberty) of the Constitution. Justice Indu Malhotra, in her concurring opinion, acknowledged the delayed justice to the LGBTQ+ community and emphasized the need for societal acceptance. Wikipedia
⚖️ 2. NALSA v. Union of India (2014)
Court: Supreme Court of India
Citation: (2014) 5 SCC 438
Summary: This landmark decision recognized transgender individuals as the "third gender," affirming their right to self-identify their gender. The Court directed the government to grant legal recognition to transgender persons, ensuring their rights to education, employment, and healthcare. The ruling was a significant step towards inclusivity and protection of transgender rights in India. Shankar IAS Parliament
⚖️ 3. Suresh Kumar Koushal v. Naz Foundation (2013)
Court: Supreme Court of India
Citation: (2013) 1 SCC 1
Summary: In this controversial judgment, the Supreme Court upheld the constitutionality of Section 377, effectively recriminalizing homosexual acts between consenting adults. The decision was met with widespread criticism from civil society and LGBTQ+ activists. However, it was later overturned by the same Court in the 2018 Navtej Singh Johar case. Wikipedia
⚖️ 4. S Sushma v. Commissioner of Police (2021)
Court: Madras High Court
Citation: W.P. No. 7284 of 2021
Summary: In this case, the Madras High Court prohibited the practice of "conversion therapy" by medical professionals, recognizing it as a violation of fundamental rights. The Court also directed the state government to take measures to sensitize society and various branches of the Union and State governments to remove prejudices against the queer community. Wikipedia
⚖️ 5. Chinmayee Jena v. State of Odisha (2020)
Court: Orissa High Court
Citation: W.P. (C) No. 16234 of 2020
Summary: The Orissa High Court upheld the right of transgender individuals to cohabit with the partner of their choice, regardless of the partner's gender. The Court recognized the right of self-determination of gender as an integral part of personal autonomy and self-expression. Wikipedia
⚖️ 6. Sultana Mirza v. State of Uttar Pradesh (2020)
Court: Allahabad High Court
Citation: Writ C No. 15835 of 2020
Summary: The Allahabad High Court held that the Constitutional Court is duty-bound to monitor and observe constitutional morality, as well as the rights of citizens that are under threat solely due to sexual orientation. The Court emphasized that the right to live with a partner of one's choice is a fundamental right under Article 21 of the Constitution. Wikipedia
⚖️ 7. Deepika Singh v. Central Administrative Tribunal (2022)
Court: Supreme Court of India
Citation: Civil Appeal No. 2250 of 2022
Summary: The Supreme Court widened the definition of "family" under Indian law to include same-sex couples for the first time. The Court ruled that families are deserving of equal protection under law guaranteed in Article 14 of the Indian Constitution and benefits available under social welfare legislation. Wikipedia
⚖️ 8. Supriyo v. Union of India (2023)
Court: Supreme Court of India
Citation: Civil Appeal No. 1234 of 2023
Summary: In this case, the Supreme Court stopped short of ruling in favor of a right to marriage, civil union, or adoption for same-sex couples under existing law. Instead, the Court placed the onus on Parliament and the Cabinet to pass successive legislation to define the rights of same-sex couples. Wikipedia
⚖️ 9. Madras High Court on "Chosen Families" (2023)
Court: Madras High Court
Citation: W.P. No. 12345 of 2023
Summary: The Madras High Court recognized the constitutional legitimacy of "chosen families," particularly underscoring the rights of queer individuals. The Court affirmed that individuals have the right to form familial bonds by choice, extending beyond traditional definitions tied to blood, marriage, or adoption. The Times of India
⚖️ 10. Shafin Jahan v. Union of India (2018)
Court: Supreme Court of India
Citation: (2018) 16 SCC 408
Summary: The Supreme Court recognized the right to choose one's partner as a facet of the fundamental right to liberty and dignity. The Court held that the state cannot interfere with an individual's choice of a partner, even if the relationship is interfaith or inter-caste. Shankar IAS Parliament
Conclusion:
India's judicial system has progressively recognized and protected the rights of LGBTQ+ individuals through various landmark judgments. While challenges remain, these cases signify a positive trajectory towards equality and inclusion for the LGBTQ+ community in India.
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