Right to Non-Discrimination: SC Declares Denial of Rent to Single Women and LGBTQ+ Tenants Illegal
- ByAdmin --
- 11 Apr 2025 --
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In early 2025, a group of working women and LGBTQ+ tenants in Bengaluru filed a public interest petition. They had faced repeated rejection from landlords for being “unmarried,” “different,” or “not fit for the society.”
They weren’t looking for sympathy. Just a fair chance at a roof over their heads.
And the Supreme Court delivered a landmark verdict, declaring that denial of housing based on marital status, gender identity, or orientation is unconstitutional.
Legal Framework
Article 15(1) prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth.
Through evolving jurisprudence, this has expanded to include:
- Sexual orientation (Navtej Singh Johar case)
- Gender identity (NALSA judgment)
- Marital status & lifestyle choices (Joseph Shine case)
What the Court Ruled
- While landlords are private individuals, rental discrimination violates Article 15 when normalized by society and aided by local authorities
- Housing is part of the right to life (Article 21), and access to it cannot be filtered through outdated morality
- City bylaws and RWAs cannot enforce unwritten moral codes
“You cannot dictate who deserves a home based on who they love or how they live,” said the bench.
What This Means for India
- Tenants now have a legal route to challenge discrimination
- Civic authorities must issue new guidelines for housing boards and landlords
- Signals India’s shift toward a rights-based rental ecosystem
Your home is your haven. And now, the law promises not to judge it.
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