Court Rulings on LGBTQ+ Rights and Recognition
- ByAdmin --
- 06 May 2025 --
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The Indian judiciary has played a transformative role in advancing the rights and recognition of LGBTQ+ individuals. Through landmark judgments, the courts have upheld constitutional values of dignity, equality, and freedom, progressively expanding the scope of human rights protections.
Constitutional Provisions
- Article 14: Right to equality before the law.
- Article 15: Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth — interpreted to include sexual orientation and gender identity.
- Article 19: Protection of freedoms, including expression and association.
- Article 21: Right to life and personal liberty, which encompasses the right to privacy, dignity, and autonomy.
Landmark Judgments on LGBTQ+ Rights
1. National Legal Services Authority (NALSA) v. Union of India (2014)
- Key Ruling:
- Recognized transgender people as the “third gender.”
- Affirmed the right to self-identify one's gender as male, female, or third gender.
- Impact:
- Directed the government to treat transgender individuals as socially and educationally backward classes and extend reservation benefits.
- Emphasized affirmative action and access to healthcare, education, and employment.
2. Navtej Singh Johar v. Union of India (2018)
- Key Ruling:
- Decriminalized consensual homosexual acts between adults by striking down parts of Section 377 of the Indian Penal Code.
- Decriminalized consensual homosexual acts between adults by striking down parts of Section 377 of the Indian Penal Code.
- Impact:
- Recognized sexual orientation as an essential attribute of privacy, dignity, and individuality.
- Upheld the rights of LGBTQ+ persons to equality and non-discrimination.
- Declared that "constitutional morality" must prevail over “social morality.”
3. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
- Key Ruling:
- Affirmed the right to privacy as a fundamental right under Article 21.
- Affirmed the right to privacy as a fundamental right under Article 21.
- Impact on LGBTQ+ Rights:
- Laid the foundation for decriminalizing homosexuality by protecting sexual orientation within the ambit of privacy rights.
4. Arun Kumar v. Inspector General of Registration (2019)
- Key Ruling:
- Madras High Court recognized a transgender woman as a "bride" under the Hindu Marriage Act, 1955.
- Madras High Court recognized a transgender woman as a "bride" under the Hindu Marriage Act, 1955.
- Impact:
- Affirmed marriage rights for transgender individuals within the heterosexual framework.
5. Sushma v. Commissioner of Police (2021)
- Key Ruling:
- Madras High Court directed the police to provide protection to a same-sex couple facing threats from family.
- Madras High Court directed the police to provide protection to a same-sex couple facing threats from family.
- Impact:
- Ordered sensitization programs for police, judiciary, and educational institutions on LGBTQ+ rights.
Legislative Developments
- The Transgender Persons (Protection of Rights) Act, 2019:
- Prohibits discrimination against transgender persons in education, employment, healthcare, and access to services.
- Criticized for requiring a certificate of identity from a government authority, potentially infringing on the right to self-identification upheld in NALSA.
- Prohibits discrimination against transgender persons in education, employment, healthcare, and access to services.
- Hindu Marriage Act, 1955 & Special Marriage Act, 1954:
- Do not explicitly recognize same-sex marriages.
- Litigation is ongoing in various courts seeking legal recognition of same-sex marriages under these Acts.
Recent Judicial Trends
- Courts are increasingly emphasizing:
- Protection of same-sex couples from familial and societal harassment.
- Recognition of LGBTQ+ relationships as deserving dignity and respect.
- Sensitization of government officials, police forces, and educational bodies.
- Challenging traditional gender binaries in official documents and public services.
- Protection of same-sex couples from familial and societal harassment.
Challenges Ahead
- Marriage Rights: No formal recognition of same-sex marriages yet.
- Adoption and Family Rights: LGBTQ+ couples face legal barriers in adoption and surrogacy.
- Social Stigma: Despite legal victories, societal acceptance remains a significant hurdle.
- Implementation Issues: Laws like the Transgender Persons Act face criticism regarding bureaucratic hurdles.
Conclusion
The judiciary in India has been a strong ally in the journey toward LGBTQ+ rights and recognition. By rooting its judgments in constitutional morality, the courts have affirmed the dignity, autonomy, and freedom of LGBTQ+ persons. However, the path to full equality requires not only judicial protection but also legislative action and societal change to ensure genuine inclusion and respect.
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