Supreme Court on LGBTQ Rights [UPSC Notes]

In Aprl 2023, the Supreme Court of India began hearing a batch of pleas seeking the legalization of same-sex marriages. In this context, it is important to have an idea about all the SC rulings on LGBTQ rights in India, same-sex marriages, etc. for the IAS exam.

Supreme Court Verdicts on LGBTQ Rights

Key SC Verdicts on LGBTQ Rights:

1. NALSA v Union of India

• In this case, the Court agreed with arguments it had rejected earlier in the Suresh Koushal case.
• In ‘Suresh Koushal v Union of India’ it upheld the constitutional validity of Section 377 of the Indian Penal Code that criminalized homosexuality.
• However, in the NALSA case, the court upheld the right of transgender persons to decide their gender.
• It ordered the governments to grant legal status to gender identities, such as male, female or the third gender.

      2. 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. 
• The apex court held that the rights of the LGBT population are real rights founded on sound constitutional doctrine.
• They inherit the right to life, dwell in privacy and dignity and constitute the essence of liberty and freedom.
• Read more on the Puttaswamy case in the link.

      3.  Shafin Jahan v Union of India

• In March 2018, it set aside a Kerala High Court judgment that annulled the marriage of a 24-year-old woman who had converted to Islam to marry.
• It upheld the right to choose one’s partner as a facet of the fundamental right to liberty and dignity.

      4. Shakti Vahini v Union of India

• The SC in March 2018 issued directives to prevent honour killings by the decree of khap panchayats.
• It also issued directives to protect persons who married without the panchayat’s approval.
• It recognised the right to choose a life partner as a manifestation of their choice recognized under Articles 19 and 21 of the Constitution.
• Read more on Article 21 in the link.

       5. Navtej Johar v Union of India

• A five-judge Constitution Bench struck down IPC Section 377 as it criminalized homosexuality.
• The verdict held that the LGBTQ community are equal citizens and there cannot be discrimination in law based on sexual orientation and gender.

      6. Deepika Singh vs Central Administrative Tribunal

• The SC in August 2022 ruled in favour of a woman being denied maternity leave for her first biological child as she had already availed the benefit for her two non-biological children.
• The verdict recognised atypical families, and queer marriages, which could not be confined to the usual parenting roles.

Conclusion

As the apex court has time and again recognised, many families do not conform to the expectations of traditional familial relationships. Nowadays a household may be a single-parent household, and the guardians and caretakers of children may change with remarriage, adoption, or fostering. Therefore, such atypical manifestations deserve equal protection and the benefits available under social welfare legislation.

Supreme Court on LGBTQ Rights [UPSC Notes]:- Download PDF Here