The Supreme Court judgment that moved the needle on LGBTQ rights in India

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The Supreme Court judgment that moved the needle on LGBTQ rights in India 

The Supreme Court is currently hearing several petitions related to legalizing same-sex marriages in the country.

Key observations of the Supreme Court

  • NALSA vs. Union of India, 2014: In this judgment the rights of transgender persons under Articles 14, 15, 19 and 21 of the Constitution were affirmed. Also, Section 377 of the IPC was upheld. It gave legal recognition to the gender identity of transgender persons as male, female or a third gender.
  • KS Puttaswamy vs Union of India, 2017: Right to privacy was recognized as a fundamental right.
  • Shafin Jahan v. Union of India, 2018: In this case the right to choose one’s life partner was recognized as an aspect of the fundamental right to liberty and dignity.
  • Shakti Vahini v. Union of India, 2018: Right to choose a life partner was recognized as a fundamental right and considered an integral part of Articles 19 and 21.
  • Navtej Johar vs Union of India, 2018: The court affirmed that members of the LGBTQ community are equal citizens. Also, it was underlined that no discrimination can be done under the law on the basis of sexual orientation and gender.
  • Deepika Singh v. Central Administrative Tribunal (CAT), 2022: The Court recognized “atypical” families. Queer marriage was also declared valid in this. According to the Court, such families cannot be confined to traditional parenting roles.

Source – Indian Express

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