#73: SC Cases on LGBTQIA+ rights
7 important cases for both Pre and Mains
SC cases on LGBTQIA+🌈 rights are a hot topic for #UPSC and #PCS Prelims & Mains.
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1. Naz Foundation v/s Govt. of NCT of Delhi '09 [Delhi HC]
- homosexuality decriminalized
- sect 377 held unconstitutional on being violative of Articles: 14, 15, 21
2. SK Koushal Case '13
- SC overturned Del HC judgement criminalizing homosexuality again
- "It is for legislature to look into desirability of deleting section 377 of IPC"
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3. NALSA v/s Union of India '14
- Reservation for trans to educational institutes & jobs granted
- FRs to be equally applicable for transgenders (self identification ✅)
- "Recognition of transgenders as a third gender is not social or medical issue but human rights issuer"
4. KS Puttaswamy judgement '17
- Right to Privacy (R2P) is FR u/A 21
- Bodily autonomy integral to R2P
- Rights of LGBTQ persons can't be construed as 'so-called rights' & are real rights
5. Navtej Singh Johar v/s Union of India '18
- Decriminalized homosexuality
- Overturned position taken in SK Koushal Case '13
- LGBTQs entitled to full range of constitutional rights including liberties
6. Lata Singh 2006, Shafia Jahan 2018, Laxmibai Chandaragi B 2021
- Adult person has right to marry person of their choice u/A 21
Deepika Singh v/s Central Administrative Tribunal 2022
- Deepika Singh denied maternity leave for her first biological child on ground that she already availed the benefit for 2 non-biological children
Atypical families (queer marriages included) could not be confined in traditional parenting roles
Such atypical manifestations are equally deserving of protection under law and avail benefits of social welfare legislation
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